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Registered
Join Date: Jul 2001
Location: Cave Creek, AZ USA
Posts: 44,720
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Wife got served for a photo radar ticket today.
In AZ a lot of folks blow these tickets off, as they require in-person service from a process server and go away if it can't be done within 120 days. Turns out Scottsdale is ignoring the law using what's called "alternate service." A process server files an affidavit that they made three in-person attempts, once in the morning, midday and evening, with no success. Then the judge says they can just tape it to your door and you're considered served.
This process server's affidavit consists of three egregious lies and I want to pursue her for it. Of course, doing so would admit we were notified. However, the judge only granted this "alternate service" based on a false affidavit. I think someone here still has to follow the law, no?
Process server lists first attempt as "garage door open, no vehicle in garage, knocked on door, no answer." Well, we have a three car garage, three vehicles and two drivers. How could we have all three vehicles gone with only two drivers AND leave the garage door open while we're away? Never ever has happened or could happen.
Next attempt was knock at the door at 8:22pm on a night I know we were both home. Never heard it, lights were on, were watching tv at that time.
Next attempt was at 8:22am on a day I was at home. I work from home, never leave the house before lunch and never start a minute after 8am. My standing desk is about 20 ft. behind the front door. Never heard any knock. That one also says my neighbor (lists his address, but not name) confirmed my wife lives here. She's never met him and he surely does not know her name. I will ask him tomorrow about this. If he says it never happened, I'll ask him to sign an affidavit.
Anyway, my wife is probably SOL on this, but it really chaps my ass that Scottsdale is ignoring the state law on proper service and this process server totally fabircated her attempts at personal service. My wife has prepaid legal through work, so we may go that route.
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Last edited by Rick Lee; 09-23-2011 at 10:41 PM..
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