waiver of service and summons

[meddjay]

I live in Arizona. What happens if a defendant doesn't ever return the waiver of service, I assume I have to then go ahead and file the summons? Can I mail the summons but have the post office fill out the return of service, would this be correct procedure?

 

[cindycindy]

Refer to your court's rules for personal service. If you decide to pay a process server, the defendant will eventually have to re-imburse you for the cost.

Without knowing which court you are in I can't really give you any more info than that.

 

[meddjay]

I'm sorry, I thought that was more of a general procedure question and not a court specific question, but it is Federal Court. I did not use a process server and sent it through the mail certified with return delivery signature confirmation. So since the post office actually was the one that gave them the summons, then that is ok...right? And I think my other question was what happens if someone signed for the certified mail which contained the summons but sent it back to the post office after they signed for it? And the plantiff has done everything they can to try and locate where the person is and the defendants attorney has recieved the summons months ago.... What happens then? Does their attorney have a responsibility to notify their client that they have recieved a summons for a court case involving them? Someone in that governmental office signed for the certified mail but sent it back to the post office. The post office says it was in the wrong zip code but I think they sent it back because they knew it was a summons, though the attorney which is also with the government has been aware of the lawsuit since March because that is when they recieved their summons! What happens in this situation? Do I have to just keep searching for this person or should I pay for a process server to find them? They should have filed an answer, or an extention of time or a motion to dismiss by today but nothing so far has been filed by them. (Sure would be nice if I won by default but I probably screwed up something somewhere, I can hardly believe the government doesn't even want to fight me on this and would just ignore the whole thing!) Thanks for your help.

 

[meganproser]

What happens if a defendant doesn't ever return the waiver of service

If the waiver of service was CORRECTLY served you would proceed to have the defendant personally served and he would have to pay for that service.

It looks as though your first effort at service failed.

You asked a lot of different questions and the answer to each of them begins with the words, “It depends...”.

I can’t tell if you are suing the government or just someone who works in a government office.

If the attorney was not authorized to accept service on behalf of his client it was a waste of time to send the attorney anything.

Assuming this attorney does represent the proper person to be served, contact the attorney and ask him if he is authorized to accept service on behalf of the client. It could be that he was not authorized before but he is now. You don’t know if you don’t ask.

 

[meddjay]

Ok, well let me try a different question. If the lawyer for the defense phones and wants to talk AFTER you have rightfully submitted a motion for a request for default judgment since the correct amount of time has expired to allow them to answer, especially because you have signed return reciepts showing that they recieved your complaint and summons over 3 months ago but did not respond by the cut off date? Now all of a sudden, they want to talk to me.

They are saying they never got the complaint now, or "perhaps have filed it in the wrong file! If they never got then who signed for it? And whoever our mystery signer is why didn't at least THEY call me? Heck, I wanted to talk to them immediately after I was terminated but the defendant flat out refused to even read my letters! So can't can I tell them they will have to just wait and see what the Judge rules?