“Process” is the general term for the legal document by which a lawsuit is started and the court asserts its jurisdiction over the parties and the controversy. “Service of Process” refers to the delivery of a writ, summons, or other legal papers to the person required to respond to them. Process must be properly served on all parties in any action.
Service of process must be made by a sheriff, a sheriff’s deputy, a private process server registered with the clerk of the court pursuant to Rule 4(d) of the Arizona Rules of Civil Procedure, or any other person specially appointed by the court.
The proper time for service of process depends on the type of action. Service must be made within the time the law allows for each particular type of legal action, because it is service that starts the lawsuit.
Each state also has specific laws regarding service of process. Arizona courts may exercise personal jurisdiction over parties, whether found within or outside the state, to the maximum extent permitted by the state Constitution and the Constitution of the United States. Arizona has strict rules regarding how service upon parties located outside the state may be made.
If you would like more information about service of process, or if you need assistance from an attorney, contact Windtberg & Zdancewicz to schedule an initial consultation.
The attorneys at Windtberg & Zdancewicz, PLC, provide Arizona residents and businesses with experienced legal representation in all collection matters. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance with your collection matters, please contact us at (480) 584-5660.