Legal Question in Legal Ethics in Arizona

invalid process serving

I received a photo-radar speeding ticket in the mail 2 months ago. I was given advice to ignore the ticket and not to open the door to any process servers who might try to serve me within 120 days of my ticket. Today a process server came to my door and knocked on my door and rang my door bell several times. I DID NOT open the door, let him see me, or do anything to let him know somebody was at home. He left the process serving papers in my screen door. Isn't this an Invalid Serve? How can he get away with serving me that way? I thought a server had to make contact with either you or someone living at your house to serve you legally? Now what do I do - pay the outrageous fee of $175 for going 13 miles over the speed limit, or throw it away, risking having a warrant out for my arrest?


Asked on 2/17/03, 12:44 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: invalid process serving

You were given terrible advice. Better go get your money back. Your best bet is to contact the court which issued the citation and either admit or deny it, but in any event take care of it. Service by leaving a copy at your last known address is sufficient. This matter will not go away.

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Answered on 2/17/03, 10:48 am


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