Legal Question in Traffic Law in Arizona

When being served can the server leave the documents with my mom even though i wasn't there nor do i live with her anymore. If not should i just ignore the documents till they can serve me properly or will i still have to take care of the papers.


Asked on 1/11/10, 7:49 pm

1 Answer from Attorneys

Dustin Vidrine Wade & Vidrine, PLC

Service of process allows for service in a number of ways. One of those ways is called personal service. Personal service is achieved if the process server personally serves the individual or by leaving copies of the summons and other required papers at that individual's dwelling house or usual place of abode with some person of suitable age and discretion.

Unless there or other facts not mentioned regarding your mother, she is probably of suitable age and discretion. According to what you mentioned, if you do not live at your mother's home and it is not your usual place of abode, then you may have a defense of insufficiency of service.

You should contact an attorney to review the situation to make a determination as to what can be done regarding this issue. If it is determined that service is insufficient as is, then you will need to take certain steps to overcome the deficiency, to dismiss the action, or to set aside a default entry of responsible/guilty. An attorney can help you with this and will be in the best position to advise as to the strategy and timing as well.

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Answered on 1/17/10, 5:21 am


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