Legal Question in Traffic Law in Arizona

I received a letter from the Pima County (AZ) Sheriffs Dept stating that I had been caught speeding by a photo radar camera. I am a Tennessee resident, have a TN drivers license and was driving a rental car at the time of the infraction. The letter said if I failed to pay they would either send a process server to my home or enter a default judgement against me. Two questions: Do they actually send servers to the homes of people outside of Arizona; can they get a default judgement when I was never properly served? Thanks


Asked on 10/04/11, 4:17 pm

1 Answer from Attorneys

Craig Orent Orent Law Offices, PLC

Most jurisdictions/cities in AZ do not send out process servers, but some do. And I have known of cases where the city had someone out of state served, but that was an extreme case where the person had 8 photo radar tickets within a short time. It is unlikely they will have you served (but it could happen). Make them serve you; don't respond to the mail summons. If they don't serve you the case should be dismissed; if they try to serve you and don't do it correctly (invalid service) but the process server files proof of service anyway, the court might enter a default which you or your attorney could then move to vacate at a later date. I would check online periodically to monitor the status of the case. See:

http://apps.supremecourt.az.gov/publicaccess/caselookup.aspx

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Answered on 10/04/11, 7:02 pm


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