Here in AZ we have those cameras to catch you speeding. My chick got snapped by one, doing 57 in a 45. She ignored the 1st ticket that was mailed, and told her dad n brother not to answer the door for strangers, hoping she could duck the process server until the 90 day limit was up. Well, her little bro answered the door and got served the papers. Thing is, he's 15. Anyone in AZ know for sure if this is legal?
I spent some time reading up on it, and the rules of civil procedure don't define an age. It says:
The next section, titled "Service of Summons Upon Minors" specifically names age 16.
So, based on this, she's thinking about telling the court that this service is invalid. Now how the hell do we do that? Not gonna lie, part of this is me wanting to "stick it to the man", but another part of it is that she just can't afford to pay the ticket right now.
I spent some time reading up on it, and the rules of civil procedure don't define an age. It says:
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.
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.
So, based on this, she's thinking about telling the court that this service is invalid. Now how the hell do we do that? Not gonna lie, part of this is me wanting to "stick it to the man", but another part of it is that she just can't afford to pay the ticket right now.
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