Do I have to have my documents served by a Process Server?
For legal service in the state of Arizona, all documents must be served by a licensed private Process server, Sheriff, Sheriff’s Deputy or Constable.
Are there exceptions for having my documents served?
Yes, you can request a Waiver of Service.
How do I request a Waiver of Service?
You must notify the defendant in writing that an action has been filed and request them to waive service of the summons. This must be mailed by first-class mail or other reliable means.
What must I include in my request?
1. Fill out a Waiver of Service Form (16 A.R.S. Rules of Civil Procedure, Form 2 – Waiver of Service of Summons);
2. Include a copy of the pleadings;
3. Include Notice of Rights (16 A.R.S. Rules of Civil Procedure, Form 2 – Duty to Avoid Unnecessary Cost of Service of Summons);
4. Provide defendant an extra copy of the notice and request;
5. Provide prepaid means for the defendant to respond (ie: self-address stamped envelope);
How long does the defendant have to reply?
The defendant has 30 days to reply.
What if the defendant does not respond?
The defendant will have to be served by a licensed Private Process Server, Sheriff, Sheriff’s Deputy or Constable.
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