Legal Question in Civil Litigation in Arizona

little guy taken it where the sunshines....AZ.

I Live in AZ 3 Years ago I was evicted from my home in a 24hr period this was do to the fact the local police raided my house in hopes to find a drug lab. What they found was some rambunctious college kids and being that I goto school for Psy. and not chemistry they also found very little evidence. Not knowing the charges would eventually be dismissed without ever setting foot in a court room I did as my landlord said and grabbed what belongings I could in 24 hrs and vacated the premises. Since then I have moved 3 times. During this time I got a letter at my apartment decreeing the ruling infavor of my landlord for a claim that I was not aware had been given a court date, But according to the court I was served.I forgot about it until today when I came home and in the crack of my door was a summons for a court date for supplemental proceedings (?) I guess my landlord wants the money he thinks he won. My question is: what's the law state about serving a summons properly? Don�t they have to acknowledge my presents to serve me? Is there any way to appeal the 1st ruling now that I have an exact court date?

THX,

struggling asu student.


Asked on 5/17/01, 9:25 am

1 Answer from Attorneys
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: little guy taken it where the sunshines....AZ.

Check the court's file to see has service was effected. Service could have been effected by serving someone of suitable age and discretion residing at your last known address. If service was improper, then you can file a Motion to Set Aside Judgment for Improper Service. However, if granted then the Landlord may file again. The supplemental proceedings is an examination relative to your financial information. These typically take place outside of the courtroom, however, you will be placed under oath by the Judge prior to the examination. Should you fail to appear for these proceedings, a civil arrest warrant may be issued for you.

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Answered on 6/26/01, 2:45 pm


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