Thursday, April 4, 2019

The Judgment Recovery Guidebook, 4th Edition


“Enforcing judgments is the practice of leaving no stone unturned to maximize collection of monetary damages awarded by the court.  It is not being a thief or scoundrel.  It is not taking something from someone without having just cause to do so, nor doing so without an order or writ from the court.  It is also not violating a person’s rights nor failing to recognize the responsibilities that the person holding the judgment must treat the Judgment Debtor with all due respect.” 

I am working on the final edits to the 4th edition of my guidebook on enforcing civil and small claims judgments.  Please let me know if you are interested in obtaining a copy by dropping me a line at service@rapidrps.com.  Thanks.

Sunday, March 31, 2019

Serving Legal Process Changes its Face in Arizona


Serving Legal Process Changes its Face in Arizona

In Arizona, there are generally three parties who can serve legal process:  The Sheriff, the Constable, and private Process Servers have historically been the persons who are allowed (or mandated) to serve legal process in Arizona. 

But now, some things have changed.  HB2230, signed by Governor Doug Ducey on March 22, 2019 amends sections 12-1574 and 12-1577 of the Arizona Revised Statutes relating to writs of (non-wage) garnishments, allowing service by the judgment creditor via certified mail.  This new statute benefits the lawyers in the Arizona Creditors’ Bar Association (and others), who may find their service fees lower by capturing writ services in-house.

Sunday, August 5, 2012

The RapidRPS.com Difference


Why You Should Choose RapidRPS.com
The management and field service staff of RapidRPS.com have the knowledge, professionalism and diligence to stake our reputation that every paper meets our goal to get it right, the first time.
Make RapidRPS.com your choice for your process serving needs.  Whether you are an attorney, small business, bank, credit union or individual pro per, RapidRPS.com can design and provide the service to fit your needs. 
With RapidRPS.com, you get:
Competitive, Flat Fee Services – The flat fee quoted is what our clients pay -- no additional charges for time, mileage or other fees.  At RapidRPS.com, we offer competitive rates at flat fees.  We don’t charge for ancillary fees, such as “notary preparation” or similar charges, and do not charge mileage in our regular service areas.  We work hard to make sure our rates are competitive within the industry.
Electronic Archiving -- At RapidRPS.com, we electronically store a record of the documents we serve.  We store the servers' reports, proofs of service and other documents, including digital photographs to support the needs of our clients.  At RapidRPS.com, when we receive a copy of our clients’ documents in electronic format (e-mail or fax), we print them and retain an electronic copy for any later use.  If feasible, we scan the documents we serve and retain a PDF copy.
Electronically Transmitted Documents -- Fax or email your documents to serve.  Most documents are printed for service at no extra cost.
Experience -- With over 20 years experience serving legal process from local, state and Federal courts, the service personnel at RapidRPS.com have the knowledge, professionalism and diligence to stake our reputation that every paper we serve is done right, every time.
Fast Status Reporting -- We get you the information you need, fast -- by email, telephone, or fax within minutes, not days.
Fully Insured Services – At RapidRPS.com, we know the importance of professionalism and trust.  RapidRPS.com carries a $2M Professional Liability Insurance Policy (Errors and Omissions).  If you need a Surety Bond to satisfy your needs, let us know.  If your needs require you to be named as an additional insured or obligee to the bond, please contact us.
Nationwide Service -- As a member of NAPPS, CALSPro, APSA and other organizations, we have process servers available to handle your needs nationwide.
Photos -- We will take digital photographs of the location of service whenever possible at your request and send them to you at no additional charge.
Same & Next Day Service -- We know how important it is to get your papers served, so we dispatch them the same or next day.  We move your legal documents... fast.  Rush service is available for guaranteed same day service.
Better Business Bureau Accreditation -- Not every business seeking accreditation from the Better Business Bureau can qualify.  But RapidRPS.com does.  Our commitment to high ethical standards to establish and maintain a positive track record, adhere to honesty, safeguard our clients’ privacy, and approach all business dealings, marketplace transactions and commitments with integrity affirms our commitment to meet and abide by the BBB Standards for Trust.

Friday, August 3, 2012

Frequently Asked Questions About Serving Legal Process


At RapidRPS.com, we are committed to bringing you, our client, the best in on-time, consistent and professional service of process.  We recognize that our business depends on your business, and strive toward a working relationship that is both beneficial and profitable in servicing your needs.  We work to distinguish ourselves in providing the best service possible to our clients.
Disclaimer:  The following is for educational purposes, only, and is not to be considered legal advice.  If you wish legal advice, you should consult your own counsel.  If you have further questions, you are welcome to contact our office.
Who can serve legal process in Arizona?
In Arizona, there are generally three parties who can serve legal process:  the Sheriff, the Constable, and private Process Servers.  The Sheriff and Constable are elected officials.  Their deputies carry out their duties, specifically law enforcement and civil process as mandated by law.  As peace officers, their powers of arrest include the ability to arrest persons on probable cause (suspicion of the commission of a felony), as well as reasonable cause (witnessing a criminal act).  Sheriffs, Constables and other peace officers may also arrest a person on a warrant issued by the court, such as for failure to appear in a civil proceeding (contempt of court). 
Process Servers are private citizens appointed by the court to serve civil process as a profession.  The Process Servers of RapidRPS.com are officers of the court. (ARS §11-445(I)).  Process Servers in Arizona must pass a background check, as well as pass a written examination administered by the Superior Court.  Process Servers must also participate and obtain at least ten hours of continuing education annually.
Why is serving legal process so important?
In the case of Milliken v. Meyer (1940) 311 US 457 463, the court said “Service of process must be made in a manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard.”  Without proper service of process, the other side is not afforded their rights to defend their interests.  In civil proceedings, all sides must have an opportunity to appear and be heard by the court.
What is RapidRPS.com?
RapidRPS.com is a legal services company located in the greater Phoenix, Arizona area dedicated to serving legal process.  We specialize in Same & Next Day Service.  We have facilities and personnel to conduct process serving, skip tracing, public record searches, court filing, on-site legal document copy, and loss mitigation (face-to-face) contact.  RapidRPS.com can deliver your legal papers nationwide through our network of private process servers, fellow members of NAPPS, CALSPro (formerly CAPPS), APSA, ILAPPS, FAPPS and other professional process server associations.  We are also one of the few Process Servers who are authorized to serve legal process in all of the state prison facilities in Maricopa and Pinal counties.
What types of papers can RapidRPS.com deliver?
Per Arizona Revised Statutes, section 11-445(I):  “Private process servers duly appointed or registered pursuant to rules established by the supreme court may serve all process, writs, orders, pleadings or papers required or permitted by law to be served before, during or independently of a court action, including all such as are required or permitted to be served by a sheriff or constable, except writs or orders requiring the service officer to sell, deliver or take into the officer's custody persons or property, or as may otherwise be limited by rule established by the supreme court.”
RapidRPS.com regularly serves legal papers that are served by the sheriff or constable, except papers requiring the physical taking of property or the arrest of persons.  In addition, process servers may also deliver collection and other notices to persons and entities as their clients may assign.  RapidRPS.com regularly serves Writs of Garnishment for levies against bank accounts, employment (payroll), and other streams of income.
How is service of process made?
At RapidRPS.com, we have five criteria that must be satisfied to effect service of process.  We are happy to educate our clients about how their papers get served.  The most common elements to service of legal process are:
IDENTIFICATION:   
The Process Server must be able to identify the party served.
PROXIMITY:
The Process Server must be “within easy speaking distance” to communicate that service of process is being performed.  (See In Re Ball)
CONTACT, NOTICE & DELIVERY:
The Process Server must make personal (NOT physical) contact with the party to be served.  The server should identify him/her self as a process server at the time of service.  (This element is required in some states, such as Arizona and Florida.)  The Process Server must give notice to the person served that he/she is serving legal papers. The server must inform the person being served of the general nature of the papers.  (Florida requires a detailed explanation of the lawsuit.)  The Process Server must give the papers to the person being served.

Can the defendant be served without his consent?
Yes.  Service of process is performed regardless of whether the person “accepts” or “refuses” service.  Often times, process servers must perform a “drop serve”, leaving the papers at the foot of the person who refuses to accept service by taking the papers in hand.  See, Does a person served have to be touched with the papers?
The Supreme Court, in the case of In Re Ball, said, “…when men are within easy speaking distance…service cannot be avoided by denying service and moving away without consenting to take the document in hand”.
Does a person served have to be touched with the papers? 
No.  That is a fallacy.  The unwanted touching of a person under Arizona statutes may be considered assault.  Under ARS §13-1203(A)(2) and (3), intentionally or knowingly placing another person in reasonable apprehension of imminent physical injury or touching another person with the intent to provoke such person are both criminal offenses.   
We at RapidRPS.com have received process with instructions to “place into the hands of” or “touch the person with” the legal process to be served, however, a defendant or other person to be served does not have to “touch” the papers in order to be served. Our process servers will not attempt to touch a defendant – instead, if a defendant does not voluntarily take the papers in his or her hand, we will drop them at their feet in their “personal space”.
What is an Alternative Means of Service?
Arizona is unique in allowing an Alternative Means of Service.  An Alternative Means of Service is one that does not strictly conform to personal or substitute service.  It is a different method ordered by the Court to serve a party.  The party may be actively avoiding service or the circumstances (i.e.: property posted, “No Trespassing”) may make it otherwise difficult to serve the party.  The basic requirements for obtaining an Alternative Means of Service are showing the court sufficient Due Diligence and a necessity by the moving party to have the court issue an order allowing such Alternative Means of Service. 
The term, Alternative Means of Service is defined in the Arizona Rules of Civil Procedure, Rule 4.1(m), as follows:           
ARCP, Rule 4.1(m): Alternative or Substituted Service:  “If service by one of the means set forth in the preceding paragraphs of this Rule 4.1 proves impracticable, then service may be accomplished in such manner, other than by publication, as the court, upon motion and without notice, may direct. Whenever the court allows an alternative or substitute form of service pursuant to this subpart, reasonable efforts shall be undertaken by the party making service to assure that actual notice of the commencement of the action is provided to the person to be served and, in any event, the summons and the pleading to be served, as well as any order of the court authorizing an alternative method of service, shall be mailed to the last known business or residence address of the person to be served. Service by publication may be employed only under the circumstances, and in accordance with the procedures, specified in Rules 4.1(n), 4.1(o), 4.2(f) and 4.2(g) of these Rules.”
What is Due Diligence?
Due Diligence is a term of art.  This is a requirement the courts are increasingly imposing on process servers.  Due Diligence may mean different things in different jurisdictions.  However, in all jurisdictions, the common thread between the courts is the desire for multiple attempts to attempt personal service upon the Defendant.  These efforts contribute to constructive notice, and in Arizona may serve to support a party’s request to the courts for an Alternative Means of Service
How can a stakeout benefit me?
Most often, the use of a stakeout is a last resort to service of process.  With the inclusion of the Alternative Means of Service in our arsenal, RapidRPS.com rarely recommends the use of a stakeout for service of process.  Usually, a stakeout is reserved for service of legal process that requires personal service only – such as a Judgment Debtor Examination, Temporary Restraining Order, or other such legal process.  Additionally, it is usually limited to those papers coming to RapidRPS.com from out of state (foreign) courts which do not authorize an Alternative Means of Service where personal service only is required.
What is the difference between an Alternative Means of Service and Service by Publication?
While both methods of service are allowed by the Arizona Rules of Civil Procedure, the most significant difference between the two methods are that one may be used for most legal process when the residence of a party to serve is known (Alternative Means of Service), and the other used when the residence of the party is known or unknown, and service of a summons is required (Service by Publication).
How do I know that the subject has been served?
At RapidRPS.com, we take service of process very seriously, and do our best to make sure our clients’ needs are accommodated.  At RapidRPS.com, we have a duty not only to the courts, but to our clients (as well as the party to serve), and our Process Servers are urged to take extensive notes on each attempt to serve.  Photographs of the scene where service of process is attempted or concluded are obtained whenever possible.  Proactive steps are taken whenever reasonable and possible to assure that documentation is complete.  Our process servers are equipped with smart phone or broadband capability (such as a Blackberry, Droid, Palm, or in-car laptop) to communicate from the field, in writing.   At RapidRPS.com, we get you the reports you need from the field in hours, not days.
I have an Order of Protection that needs to be served.  Can you do it?
At RapidRPS.com, we serve all papers related to Domestic Violence (Orders of Protection, Injunctions Against Harassment, etc.) on a rush basis.  We understand the urgency to get these types of papers served, fast.  These types of orders may be obtained through the Justice Courts, Municipal Courts and the Superior Courts.  If you have such a paper, give us a call.  We know the importance of these types of papers and will be happy to help you. 
At RapidRPS.com, we believe that when we understand our clients' needs and the documents they give us to handle, the better we are and more satisfied our clients are.  Give us a call at (877) 472-7431 or email at service@rapidrps.com for more.
Disclaimer: This article was written for educational purposes only. Nothing in this communication should be considered legal advice. The reader should do his/her own research to verify the accuracy and applicability of the information presented.  At RapidRPS, we not only serve legal process, but also prepare legal documents for enforcement of your judgment and other purposes. Neither RapidRPS nor any of our employees, assigns or agents are attorneys. We do not render legal advice. If you require legal advice, please consult your own counsel. 

Service of Process in Arizona Prisons


Service of inmates who are incarcerated in the Arizona Department of Corrections facilities presents unique challenges to the litigant, attorney, and Process Server.  Unlike certain county jails and federal detention facilities, in Arizona, service on state inmates must be done by a Process Server. 

This is sometimes a very time consuming task for the Process Server.  Many prisons are situated in remote areas and travel time is extended.  However, because we are accustomed to the task of serving inmates (including minimum, medium, and maximum security, as well as segregated detention), the Process Servers of RapidRPS.com are able in many instances to serve the inmate as soon as the day after we receive the assignment. 

Once we have the papers to serve in hand, our procedure dictates that we place a courtesy call to the prison to confirm the location of the inmate and arrange a time for service.  Once that is done, the prison notifies the appropriate personnel to allow for our Process Server’s entry.  (Prison personnel have informed RapidRPS.com that many Process Servers not familiar with their procedures do not call ahead for clearance and are thus not allowed into the facilities.)

Upon arrival, the Process Servers of RapidRPS.com go through the same security checkpoints and procedures as all employees do.  Once inside the facility, the Process Server is escorted (or in some cases allowed to proceed) to the housing unit where the inmate is located.  At that point, the inmate’s identity is verified and he or she is served with the legal process by the Process Server.

From beginning to end, we calculate this to be approximately a three-hour turnaround in our day. 

The following is a list of Arizona State Prison Complexes RapidRPS.com services.  We are able to serve all state prison complexes in Maricopa and Pinal counties.  Again, because we have been pre-approved to serve at the prisons (and have experience serving in minimum, medium and maximum security, including at segretation facilities), many times we are able to serve an inmate the very next day from receipt of your papers.  Give us a call at (877) 472-7431 or email at service@rapidrps.com to see how fast we can serve your papers. 

ASPC – Perryville    (623) 853-0304
2105 N Citrus Road
Goodyear, AZ 85395

ASPC – Lewis    (623) 386-6160
26700 S Highway 85
Buckeye, AZ 85326

ASPC - Phoenix West    (602) 352-0350
3402 W Cocopah
Phoenix, AZ 85009

ASPC – Eyman    (520) 868-0201
4374 E Butte Avenue
Florence, AZ 85132

ASPC – Florence West    (520) 868-4809
1401 E Diversion Dam Road
Florence, AZ 85132

ASPC – Florence    (520) 868-4011
1305 E Butte Avenue
Florence, AZ 85132

Central Arizona Correctional Facility    (520) 868-4251
915 E Diversion Dam Road
Florence, AZ 85132

ASPC – Picacho Unit    (520) 466-7344
25230 Picacho Blvd.
Picacho, AZ 85241

ASPC – Florence-Globe    (928) 425-8141
1000 Fairgrounds Road
Globe, AZ 85501

Disclaimer: This article was written for educational purposes only. Nothing in this communication should be considered legal advice. The reader should do his/her own research to verify the accuracy and applicability of the information presented.  At RapidRPS, we not only serve legal process, but also prepare legal documents for enforcement of your judgment and other purposes. Neither RapidRPS nor any of our employees, assigns or agents are attorneys. We do not render legal advice. If you require legal advice, please consult your own counsel. 

Arizona's Most Commonly Used Rules for Service of Process

Arizona's Most Commonly Used Rules for Service of Process (Updated 2015)
In Arizona, service of process is covered under several rules and statutes.  Most of the time, Process Servers are tasked with serving civil process.  The Supreme Court has devised a set of rules which Process Servers, Sheriffs and Constables must abide by in serving legal process.  Additionally, the legislature has passed certain statutes affecting service of legal process, as well (discussed separately).  The most common rules governing service of process are posted here:

(d) Service of Summons Upon Individuals. Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.

(e) Service of Summons Upon Minors. Service upon a minor under the age of sixteen years shall be effected by service in the manner set forth in paragraph (d) of this Rule 4.1 upon the minor and upon the minor's father, mother or guardian, within this state, or if none is found therein, then upon any person having the care and control of such minor, or with whom the minor resides.

(i) Service of Summons Upon Corporations, Partnerships or Other Unincorporated Associations. Service upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit in a common name, and from which a waiver has not been obtained and filed, shall be effected by delivering a copy of the summons and of the pleading to a partner, an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the party on whose behalf the agent accepted or received service.

(j) Service of Summons Upon a Domestic Corporation If Authorized Officer or Agent Not Found Within the State. When a domestic corporation does not have an officer or agent in this state upon whom legal service of process can be made, service upon such domestic corporation shall be effected by depositing two copies of the summons and of the pleading being served in the office of the Corporation Commission, which shall be deemed personal service on such corporation. The return of the sheriff of the county in which the action or proceeding is brought that after diligent search or inquiry the sheriff has been unable to find any officer or agent of such corporation upon whom process may be served, shall be prima facie evidence that the corporation does not have such an officer or agent in this state. The Corporation Commission shall file one of the copies in its office and immediately mail the other copy, postage prepaid, to the office of the corporation, or to the president, secretary or any director or officer of such corporation as appears or is ascertained by the Corporation Commission from the articles of incorporation or other papers on file in its office, or otherwise.

(k) Alternative or Substituted Service. If service by one of the means set forth in the preceding paragraphs of this Rule 4.1 proves impracticable, then service may be accomplished in such manner, other than by publication, as the court, upon motion and without notice, may direct. Whenever the court allows an alternate or substitute form of service pursuant to this subpart, reasonable efforts shall be undertaken by the party making service to assure that actual notice of the commencement of the action is provided to the person to be served and, in any event, the summons and the pleading to be served, as well as any order of the court authorizing an alternative method of service, shall be mailed to the last known business or residence address of the person to be served. Service by publication may be employed only under the circumstances, and in accordance with the procedures, specified in Rules 4.1(l), 4.1(m), 4.2(f) and 4.2(g) of these Rules.

How to Proceed with an Alternate Means of Service


When defendants, witnesses or other persons are intentionally avoiding service, or when service is impracticable or impossible due to physical or other barriers to property (including property posted and fenced under the Trespass statutes), Arizona has a unique method of an Alternate Means of Service.
An Alternate Means of Service is applicable to legal process issued by Arizona courts and allowed by Arizona Rules of Civil Procedure, Rule 4.1(m), which states:
Rule 4.1(m) Alternative or Substituted Service.  If service by one of the means set forth in the preceding paragraphs of this Rule 4.1 proves impracticable, then service may be accomplished in such manner, other than by publication, as the court, upon motion and without notice, may direct. Whenever the court allows an alternate or substitute form of service pursuant to this subpart, reasonable efforts shall be undertaken by the party making service to assure that actual notice of the commencement of the action is provided to the person to be served and, in any event, the summons and the pleading to be served, as well as any order of the court authorizing an alternative method of service, shall be mailed to the last known business or residence address of the person to be served. Service by publication may be employed only under the circumstances, and in accordance with the procedures, specified in Rules 4.1(n), 4.1(o), 4.2(f) and 4.2(g) of these Rules.
When service is unable to be effected, RapidRPS.com will render a Non-Service declaration (or affidavit), which our client may then use to support a Motion for Alternative Means of Service.  (If you are interested in having RapidRPS.com prepare such a motion and related documents, please let us know.  The fee for Legal Document Preparation of the motion and related documents is $89.)  The Motion and a (Proposed) Order will have to be filed with the Clerk of the Court, who must present it to the judge (Court) for his/her signature for consideration of an Order.
Once the Court grants the motion and issues an Order, the Process Server goes back out to the property and serves the documents in accordance with the Court’s Order.  (An additional service of process fee will apply.)  If the Court declines to issue the Order, it may redirect additional efforts to serve the person.
After service of the legal documents in the manner of the Court’s Order, the Proof of Service document is produced and remitted to the client (or filed with the Clerk of the Court). 
If you have any questions, or would like to arrange filing or service of legal papers, contact RapidRPS.com at (877) 472-7431 or by email at service@rapidrps.com.

Disclaimer: This article was written for educational purposes only. Nothing in this communication should be considered legal advice. The reader should do his/her own research to verify the accuracy and applicability of the information presented.  At RapidRPS, we not only serve legal process, but also prepare legal documents for enforcement of your judgment and other purposes. Neither RapidRPS nor any of our employees, assigns or agents are attorneys. We do not render legal advice. If you require legal advice, please consult your own counsel.