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jmartinez808 · Mar 17, 2009, 10:24 AM

YEs Arizona is a single party state. Yes She lives with her cousin and grandmother, but the summons wasn't delivered by hand it was mailed by certified mail but I didt have it mailed restricted so her cousin signed for her because she was at work. My concern was that she was the one who needed to sign for it. If you are tellling me it should be good enough then you have answered my question. Yes it was delivered to where she told me she lives and signed for there by her cousin. This has been helpful.

JudyKayTee · Mar 17, 2009, 12:33 PM

Now I'm confused - you were responsible for serving your own papers in a custody matter? The Court didn't take care of it OR tell you to hire a process server? States vary but I am not aware that a copy by Certified Mail/Registered Mail by the Plaintiff is acceptable to anything other than Small Claims Court.

jmartinez808 · Mar 17, 2009, 01:08 PM

Yes, that's correct... they told me I could hire one but that I didn't need to.

JudyKayTee · Mar 17, 2009, 01:09 PM

Originally Posted by jmartinez808

Yes, thats correct....they told me I could hire one but that I didnt need to.

BIG mistake in my eyes - I see problems without personal service.

cdad · Mar 17, 2009, 02:23 PM

Originally Posted by jmartinez808

Yes, thats correct....they told me I could hire one but that I didnt need to.

Did you look this up somewhere ? Its not normal to server your own papers. In lieu of a professional there has to be a 3rd party involved. Like a friend that actually witnesses the papers and aknowlages putting them in the mail box. Its not something on the " do it yourself " list. There has to be proper service.. professional or not.

I don't think you understood what the judge or person may have told you.

jmartinez808 · Mar 18, 2009, 09:07 AM

Well no I didn't look it up anywhere... I went down to file the papers and the woman who gave me the forms at the court helped me through the process. She said I could use a process server or send it certified mail but that I must return the recipt to the court in person and file it with another form they gave me to fill out. I am just going to follow through with what the court told me and if I need to I will hire a lawyer and use the voice recording I have of her saying she received the papers but doesn't want to respond. That's really all I can do right now unless I want to re-serve the papers.

cdad · Mar 18, 2009, 02:19 PM

Originally Posted by jmartinez808

Well no I didnt look it up anywhere...I went down to file the papers and the woman who gave me the forms at the court helped me through the process. She said I could use a process server or send it certified mail but that I must return the recipt to the court in person and file it with another form they gave me to fill out. I am just going to follow through with what the court told me and if I need to I will hire a lawyer and use the voice recording I have of her saying she recieved the papers but doesnt want to respond. Thats really all I can do right now unless I want to re-serve the papers.

The problem here is that you may end up serving the papers again anyway if the service was incorrect. You really need to find that out first because it may be that in your state its OK to do it that way. But in other states its not. My understanding is that service must always be done by a 3rd party entity.

JudyKayTee · Mar 18, 2009, 04:24 PM

Originally Posted by jmartinez808

Well no I didnt look it up anywhere...I went down to file the papers and the woman who gave me the forms at the court helped me through the process. She said I could use a process server or send it certified mail but that I must return the recipt to the court in person and file it with another form they gave me to fill out. I am just going to follow through with what the court told me and if I need to I will hire a lawyer and use the voice recording I have of her saying she recieved the papers but doesnt want to respond. Thats really all I can do right now unless I want to re-serve the papers.

A voice recording of someone saying she received the papers is NOT legal service.

jmartinez808 · Mar 19, 2009, 10:11 AM

Well I will let you know on Monday what happens. I am going down to court on Friday and will not be able to respond until Monday. I have been following the orders of the court so I hope it is enough. Thanks for the concern.