Is this the proper way to serve?

[abstract99]

What is the name of your state? Az

Az just passed a new law in 2006 that allows you to serve someone via certified mail. It reads as follows:

It can ONLY be the SIGNATURE OF THE OTHER PARTY (and no one else);​

I received a letter from my ex's attorney yesterday stating that I should not send anything to her and that she would not be signing for these things. I recently got an order to appear that I need to serve to her and will do so this week. I was under the impression that you could serve your ex's attorney in person because it was actually the attorney signing for it. If I send it certified to him it is usually the lady at the front desk that signs for it and this company hires those people temp. I have sent 4 things since January to his firm and they have all come back signed by a different person, none of which are attorneys and none of which work there any longer. Am I right to send this to her since the law says ONLY the other party? Lately I have been sending them to her certified with a copy to her attorney. She states that she does not have the time to drive the post office because she has 4 kids to take care of. (Ironically this is the same reason she gave me last Spring why should couldn't drive the kids to the airport and thus not allow visitation.)

 

[stealth2]

Serve from the right, clear from the left.




Ooooh.... were we not talking food?

 

[abstract99]

Serve from the right, clear from the left.




Ooooh.... were we not talking food?

Right!
Wait, I thought you served the ladies first.

 

[stealth2]

Yes, from the right.

Sorry - I really don't know the answer to your question. Was just lightening the general mood.

 

[abstract99]

Sorry - I really don't know the answer to your question. Was just lightening the general mood.

Quite all right, nither do I.

 

[abstract99]

Bump.

 

[LdiJ]

What is the name of your state? Az

Az just passed a new law in 2006 that allows you to serve someone via certified mail. It reads as follows:

It can ONLY be the SIGNATURE OF THE OTHER PARTY (and no one else);​

I received a letter from my ex's attorney yesterday stating that I should not send anything to her and that she would not be signing for these things. I recently got an order to appear that I need to serve to her and will do so this week. I was under the impression that you could serve your ex's attorney in person because it was actually the attorney signing for it. If I send it certified to him it is usually the lady at the front desk that signs for it and this company hires those people temp. I have sent 4 things since January to his firm and they have all come back signed by a different person, none of which are attorneys and none of which work there any longer. Am I right to send this to her since the law says ONLY the other party? Lately I have been sending them to her certified with a copy to her attorney. She states that she does not have the time to drive the post office because she has 4 kids to take care of. (Ironically this is the same reason she gave me last Spring why should couldn't drive the kids to the airport and thus not allow visitation.)

Unless AZ has put unusual rules into place, its always proper to serve someone via their attorney. HOWEVER, if she has fired her attorney, or the attorney has withdrawn as her attorney, that could explain why the attorney is now refusing service.

 

[fairisfair]

http://www.superiorcourt.maricopa.gov/ssc/sschome.html

maybe you can ask these guys, if anyone would know it should be them, there is an email link towards the bottom of the page.

 

[abstract99]

Unless AZ has put unusual rules into place, its always proper to serve someone via their attorney. HOWEVER, if she has fired her attorney, or the attorney has withdrawn as her attorney, that could explain why the attorney is now refusing service.

The thing is that when I serve the attorney in person it is actually the attoney accepting service for the client and it is their signature on the paperwork. Even when I have used a process server, it is the attorney that they make sign the acceptance of service. Sooo if I send it to her attorney and it is not his signature on the paperwork then I don't know if it would really count. In any aspect, I served it today restricted to her so that it is only her that can accept service for it. I sent a non-certified copy to her attorney as well.

She has already told me that she isn't goig to show up so I see it not making a difference. One other question, this order to appear was sent to me directly from the judges office ordering us both to show up in person. If her attorney shows up in her place and asks for a continuance or tries to stand in her place I can ask that it be denied right?

I would think that she has actually been ordered to appear in person, her attorney can't stand in for her.