FAQ’S PAGE
Some short answers to FAQ's we get. Please don't take the answer as legal advice.
Q: Can a Process Server make service while the defendant is behind a closed door or refuses to take the papers?
Answer: Most likely, YES.
Q: I have a protective order to serve for a client, but was told process servers cannot serve them. Is that true?
Answer: Not necessarily. Private Process Servers in Arizona may serve all protective orders, except Emergency Orders of Protection (ARS §13-3624). An Order for Lifetime No-Contact Injunction (ARS §13-719) is generally served by a sheriff’s deputy at the time of sentencing, on the request of the victim or the prosecutor.[1] It may be served at anytime afterward by a peace officer or Private Process Server. [1] See ARS §13-719. Lifetime injunction; offenses; registration; previously sentenced defendants
A process server may serve an Order of Protection (OP), but may not charge any fee for it. A process server may serve an Injunction Against Harassment (IAH), but if that IAH was issued due to sexual violence, also, no fee for service may be charged.
A process server may charge a service fee for any other IAH (i.e.: “My neighbor keeps harassing me”, “His kid beat up my kid”, etc.) and Injunctions Against Workplace Harassment as agreed between the parties.
Q: I need a divorce summons served with my OP. Can my process server serve the OP?
Answer: The answer is yes, but again, the process server cannot charge a fee for the service of the OP, nor bump up their rates because you have the OP.
Q: The constable or sheriff can’t serve my protective order. Can I pay a process server to serve my Order of Protection?
Answer: The simple answer is absolutely no. The statute pertaining to Orders of Protection (ARS §13-3602) controls the issuance, service and fees for these type of papers. ARS §13-3602(D) states, “A fee shall not be charged for filing a petition under this section or for service of process”. It is absolute and without limitation as to no fee for service. That includes process servers. A related statute prohibiting service fees [ARS §12-1809(D)] pertains to Injunctions Against Harassment which were filed due to sexual violence as defined in ARS §23-371.
Q: I know I cannot pay the process server for service of my OP, but can a family member or friend?
Answer: Again, the answer is no. ARS §13-440(19) encompasses by definition a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person.
Where referenced, “victim” would include the victim (Plaintiff), as well as the victim’s family members who may offer to pay for services. A server may not charge a fee for service of process of an OP or an IAH issued due to sexual violence, at all.
Public policy mandates that no fee shall be charged for service of these types of protective orders.
Q: Can a Process Server make service on an Indian reservation?
Answer: If the person to be served is not a protected tribal member, most likely, YES.
Q: What should I do when the Process Server is unable to make service but the address is good?
Answer: Discuss service options, including Alternative Means of Service with your process server.
Q: Do the papers have to touch the person to be served?
Answer: No. Unwanted touching of another person may be considered assault under Arizona law.
Q: I have papers I need to serve to a defendant out of state. What should I do?
Answer: Many APSA members have contacts in other states to get your papers served. Please contact your member process server.