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summons question on how served

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elvis99

Member
What is the name of your state? arizona. i have been
threatened with a garnishment /summons. i have been
out of town for the last two weeks. if they attempted
to serve this summons when i wasnt home do
they have to atleast mail me something or call
me to notify me so i dont miss a court date. is
there any law on how summons need to be
served and how many attempts need to be made
any info would be appreciated. thank you.
 


JETX

Senior Member
" i have been threatened with a garnishment /summons."
*** Can't be both. A summons is notice of a lawsuit and garnishment is (normally) a post judgment action. And the rules of service are different. So, which is it??
 

elvis99

Member
reply

they are threating to sue which would be a summons.
do you know if they have to atleast mail something or notify
me if iam not home when they serve a summons in arizona.
thank you
 

I AM ALWAYS LIABLE

Senior Member
Re: reply

elvis99 said:
they are threating to sue which would be a summons.
do you know if they have to atleast mail something or notify
me if iam not home when they serve a summons in arizona.
thank you

My response:

At least two attempts at "personal service" must be made. If that fails, then the Plaintiff can ask the judge for an order to allow the plaintiff to publish the Summons in a newspaper of general circulation.

Good luck finding it, or seeing it, in the newspaper.

IAAL
 

elvis99

Member
can i call the county court?

thank you if if cant find the summons in the newspaper is
there a way to call the county court and ask if i have any
civil summons? thank you
 

I AM ALWAYS LIABLE

Senior Member
Re: can i call the county court?

elvis99 said:
thank you if if cant find the summons in the newspaper is
there a way to call the county court and ask if i have any
civil summons? thank you

My response:

You don't need the Summons. The Plaintiff holds onto that. What you're looking for when you call the Clerk is the "Complaint". The clerk will ask for your name, and then search the system for any filing. If there is, hot tail it down to the courthouse and buy a copy of everything that's in the court's file.

Then, head to your attorney's office for a defense!

IAAL
 

JETX

Senior Member
In Arizona, service of a summons [per Rules of Civil Procedure, Rule 4.1(d)] requires:
"Service of Summons Upon Individuals.
Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process."

And if service cannot be made as above, then alternative service can be made per the following (also rule 4.1):
(m) Alternative or Substituted Service.
If service by one of the means set forth in the preceding paragraphs of this Rule 4.1 proves impracticable, then service may be accomplished in such manner, other than by publication, as the court, upon motion and without notice, may direct. Whenever the court allows an alternate or substitute form of service pursuant to this subpart, reasonable efforts shall be undertaken by the party making service to assure that actual notice of the commencement of the action is provided to the person to be served and, in any event, the summons and the pleading to be served, as well as any order of the court authorizing an alternative method of service, shall be mailed to the last known business or residence address of the person to be served. Service by publication may be employed only under the circumstances, and in accordance with the procedures, specified in Rules 4.1(n), 4.1(o), 4.2(f) and 4.2(g) of these Rules.

and
"(n) Service by Publication; Return.
Where the person to be served is one whose residence is unknown to the party seeking service but whose last known residence address was within the state, or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of the institution of the action, then service may be made by publication in accordance with the requirements of this subpart. Such service shall be made by publication of the summons, and of a statement as to the manner in which a copy of the pleading being served may be obtained, at least once a week for four successive weeks (1) in a newspaper published in the county where the action is pending, and (2) in a newspaper published in the county of the last known residence of the person to be served if different from the county where the action is pending. If no newspaper is published in any such county, then the required publications shall be made in a newspaper published in an adjoining county. The service shall be complete thirty days after the first publication. When the residence of the person to be served is known, the party or officer making service shall also, on or before the date of the first publication, mail the summons and a copy of the pleading being served, postage prepaid, to that person at that person's place of residence. Service by publication and the return thereof may be made by the party procuring service or that party's attorney in the same manner as though made by an officer. The party or officer making service shall file an affidavit showing the manner and dates of the publication and mailing, and the circumstances warranting the utilization of the procedure authorized by this subpart, which shall be prima facie evidence of compliance herewith. A printed copy of the publication shall accompany the affidavit. If the residence of the party being served is unknown, and for that reason no mailing was made, the affidavit shall so state."
 

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