Once legal action is taken through a small claims court whether against an individual or an organization, the state requires that you file a petition with the courts. The accused or the respondent is the party on the opposing side of the claims and must be told of the case before it can move ahead. The action of informing the opposing side of the case is also known as serving papers. This article gives a guide on Court serving papers AZ.
The person who accuses has no authority to serve the papers. They must get assistance from a third party. The person should be of the right age and should not have any opinion towards the case. You can select a relative or a close associate to do the work for you. They must however be given a go ahead by the courts. You can also hire a professional to do this and you can get the name of the personnel from their file directory.
You should know the people you are serving. In case you are serving an individual, you should concentrate on that one individual. If it is a group of individuals ensure you serve each of them well. For example, when it is a business partnership, both parties should be served individually.
The papers have to be served on time. The deadline for this varies from state to state but in essence you should do it at least eight days before the courts date. The instances however differ and this will need you to verify with your representative and the courts as well. In addition paper are served any day of the week with the exception of Sunday.
A lot of time is given from the date of petition to the day you will in courts. This is to give you enough time to find the respondent. In case you fail to find the respondent, you should provide the judge with detailed information of the various ways in which you tried to find the respondent. Include the dates and the places you went to. By doing this, you may convince the judge to set another date for your case. They may also give you alternative ways of finding them such as through emails.
When serving the person, you should give the documents and some of them will be made available by the courts. The information may include the dates that they should present their selves to courts. It is also mandatory to serve the respondent with temporary order. You should not include the proof of service form with other documents when giving them to the respondent.
The final step of serving the respondent is to fill the proof of service form to indicate that you have completed your duty. The form should be presented to the courts before the courts dates. It will have entails such as the location and date of service, the names and the address of the person who is given the paper. The original copy should be filled and given to the courts five days prior the courts dates.
In carefully following the above outlined steps, you are assured of correctly serving the respondent with the courts paper in an official and legal way.
The person who accuses has no authority to serve the papers. They must get assistance from a third party. The person should be of the right age and should not have any opinion towards the case. You can select a relative or a close associate to do the work for you. They must however be given a go ahead by the courts. You can also hire a professional to do this and you can get the name of the personnel from their file directory.
You should know the people you are serving. In case you are serving an individual, you should concentrate on that one individual. If it is a group of individuals ensure you serve each of them well. For example, when it is a business partnership, both parties should be served individually.
The papers have to be served on time. The deadline for this varies from state to state but in essence you should do it at least eight days before the courts date. The instances however differ and this will need you to verify with your representative and the courts as well. In addition paper are served any day of the week with the exception of Sunday.
A lot of time is given from the date of petition to the day you will in courts. This is to give you enough time to find the respondent. In case you fail to find the respondent, you should provide the judge with detailed information of the various ways in which you tried to find the respondent. Include the dates and the places you went to. By doing this, you may convince the judge to set another date for your case. They may also give you alternative ways of finding them such as through emails.
When serving the person, you should give the documents and some of them will be made available by the courts. The information may include the dates that they should present their selves to courts. It is also mandatory to serve the respondent with temporary order. You should not include the proof of service form with other documents when giving them to the respondent.
The final step of serving the respondent is to fill the proof of service form to indicate that you have completed your duty. The form should be presented to the courts before the courts dates. It will have entails such as the location and date of service, the names and the address of the person who is given the paper. The original copy should be filled and given to the courts five days prior the courts dates.
In carefully following the above outlined steps, you are assured of correctly serving the respondent with the courts paper in an official and legal way.
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