Legal Question in Civil Litigation in Arizona

Defective Proof of Service

A civil case was filed and proof of service was not effective, should this case be dismissed and is there a civil code that corresponds to the Defective proof of service?


Asked on 3/30/07, 11:14 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Defective Proof of Service

The court is not going to scour the paperwork looking for defects. You will have to promptly file a motion to quash service or you could be defaulted. If they will be able to serve you eventually anyway, why not just respond.

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Answered on 3/31/07, 5:14 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Defective Proof of Service

If you -- by yourself -- file a motion to quash and go to court to argue your motion, the other attorney will hand you the papers right then and there, and perfect the service. So why spin your wheels and not respond to the complaint? Often, hiring an attorney saves a person a lot of aggravation.

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Answered on 3/31/07, 9:51 am


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