FAQs

Q?

Will you advance witness fees?

A.

Yes, we will advance any witness fees for customers with a 5% service fee.

Q?

Do you file the proof after service?

A.

We can file proofs of service at an additional charge.

Q?

Are you able to serve a faxed or emailed document?

A.

Yes, we can serve any documents faxed for service of process. However, some courts require the original document(s).

Q?

What areas do you cover?

A.

We cover Arizona and have affiliates across the country.

Q?

How long does it take to achieve service of process?

A.

It is never an exact science as to how long it will take to serve any legal document. Rest assured, each case will be given the utmost attention, investigation and timely response.

Q?

Do you require your fee in advance?

A.

Generally, the industry standard is fee in advance however, we like to be flexible and make decisions on a case-by-case basis. Usually we charge first time customers in advance and invoice repeat customers after a relationship has been established.

Q?

Where can Process be Served?

A.

Process is typically served at the recipient's home or place of business. However, if the intended recipient is being evasive, process may be served at alternative locations. Process can be successfully served in all sorts of public locations as long as no laws are violated.

Q?

What is Service of Process?

A.

Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal.

Q?

Where did Process Service come from?

A.

Process serving was set forth in the United States of America by the Due Process Clause in the Constitution. Specifically the Fifth Amendment of the United States Constitution.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Q?

What is a Process Server?

A.

Process Servers are individuals who give legal notice to a party (usually the defendant) requiring them to respond to a proceeding scheduled to be held before a court, government body, or tribunal. Notice is usually provided by presenting the party in question with court documents such as Summonses, Statements of Claim, Plaintiff’s Claims, etc. Some documents must be served personally, while others may be served upon a person of legal age at the intended party’s residence or place of employment.

Q?

Does a process server need to be licensed?

A.

Not all states require a process server to be licensed. However, some states require that process servers be registered in their county or state, or appointed to serve in a specific county. The below states require a process serving license.

•Alaska
•Arizona
•California
•Illinois
•Montana
•Nevada
•Oklahoma

Q?

Do I need a process server?

A.

The State of Arizona requires a process server to be licensed. If the service is not done in accordance with the rules of civil procedure, this can delay the case from going forward or result in a dismissal.

Q?

What is an Affidavit of Service and a Proof of Service?

A.

An Affidavit of Service, also called a Proof of Service, is a signed document provided to you by your process server upon completion of serving your documents. Proof of Service states when, where, and who was served. There are a number of other affidavits that can be provided to you as a client. For instance, an Affidavit of Due Diligence may be provided if the person to be served cannot be located.

Q?

What is Substituted Service and when is it Appropriate?

A.

Substituted service (known as a "sub-serve") is acceptable when serving a Summons, Claim of Plaintiff, Claim of Defendant, Notice, Writ of Attachment or Writ of Execution. It permits service by serving someone other than the named person and then mailing copies of the documents to the person served.

Corporations may be sub-served on the first attempt at serving. Individuals, however may be sub-served only after due diligence is established (usually by making at least 3 attempts). Individual courts may have stricter requirements for sub-service which dictate the number of attempts and times of the day when attempts must be made.