Should you Dodge the Process Server ?

Almost everyone has heard the old adage “if they can’t find you, they can’t sue you” sometime in their life. Unfortunately, in civil cases, they do not need to find you and they can surely sue you. The plaintiff cannot only sue you, he or she can obtain a judgment against you without you even defending yourself.Generally speaking, it is true that a plaintiff in a case only has a certain amount of time to serve the summons and complaint on the defendant. In Arizona, a plaintiff has 120 days after filing a lawsuit to serve the defendant.  Typically the plaintiff will hire a registered process server and the process server will be able to locate the person, ask the defendant if he or she is the person named in the lawsuit, and tell the person what every past defendant hates to hear, “you have been served.”

If for some reason the defendant cannot be located, the Arizona Rules of Civil Procedure has provided what is called, “Alternative Service”. Examples of alternative service may include certified mail, publication in the local newspaper and if the defendant is a business, through the Arizona Corporation Commission.  If the process server provides an affidavit stating that numerous attempts to serve the defendant were made to no avail, and alternative service was the most reasonable remaining method, the court will likely consider the defendant served.

If you know someone is suing you and is attempting to have you served, you should probably not dodge the process server. Even if the defendant thinks he will lose and has no case, at least the defendant will have the opportunity to defend him or herself against the allegations. If the defendant chooses to dodge the process server, it is very likely the plaintiff will use an alternative form of service, and possible that the plaintiff will obtain a default judgment.

If you have any questions about service of process, feel free to contact our office.

Communication of information by, in, to or through this Website and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.

You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. Without an attorney-client relationship in the matter, we cannot assure you that your communications will be privileged or (unless we otherwise agree in a specific case) that we will treat them as such. Please do not send us any confidential or sensitive information until you speak with one of our attorneys and obtain prior written authorization to send that information to us

The Arizona Attorney General Looks to Thwart ADA Complaints

As a previous post discussed, there has been an influx of lawsuits against business owners, alleging violations of the Americans with Disability Act (ADA). These lawsuits are filed by a small number of attorneys and on behalf of a small number of “victims” or so called “testers”. These lawsuits are filed against large and small businesses alike, alleging non-compliance with the ADA; everything from the size of a restroom stall to the number of handicap parking lots.

These ADA lawsuits have been filed both in federal and state courts by the thousands. Although there is little the Attorney General can do regarding the federal lawsuits, he is attempting to stop what he has described as, “trolling litigation”. These ADA lawsuits have received criticism from outside court observers because it appears to be nothing more than a “shake down”. The plaintiff usually sends a letter to the business, detailing the non-compliance issues, and gives the business owners thirty days to get into compliance. Many businesses, especially smaller mom and pop businesses, simply do not have the resources nor the amount of time necessary to get into compliance in that short amount of time.

The out-of-town and self-described “testers” will visit a business and look for potential ADA violations, followed up by submitting a report to their attorney. The attorney will file a lawsuit and in most cases, the lawsuit will end in a quick pre-suit or post-complaint settlement that enriches the plaintiff. Many pundits feel these kinds of lawsuits, which rely upon the ADA, does the ADA an injustice. Although all business should be in compliance with the ADA, using the protection it offers to enrich a “tester” and his or her attorney was not the intention of the legislators who passed ADA.

Late in August 2016, The Arizona Attorney General’s Office filed a motion to intervene on one of the many pending ADA cases and plans to ask for the 1,000-plus lawsuits in the Superior Court be consolidated in one action. Once consolidated, The Attorney General’s Office will seek to have all of the cases dismissed. This attempt by the Attorney General’s Office will have little effect on the pending federal cases, but can be the end of the road for ADA “tester” cases on the Superior Court.

If you have any questions or have received a notice from one of these attorneys, don’t hesitate to contact my office.

Communication of information by, in, to or through this Website and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.

You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. Without an attorney-client relationship in the matter, we cannot assure you that your communications will be privileged or (unless we otherwise agree in a specific case) that we will treat them as such. Please do not send us any confidential or sensitive information until you speak with one of our attorneys and obtain prior written authorization to send that information to us