Beat Tickets! - Time limit for service - statute of limitations
According to the Rules of Civil Procedure (4(i)), if the court fails to effectively summon you within 120 days of filing, it allows the court to dismiss without prejudice (which means that it can be refilled) or direct that service be effected within a specified time; provided that if plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period.
The Civil Procedure Code is in place to protect citizens in all civil cases. It is part of our justice system designed to protect everyone's rights. It is in place for all civil matters. The loophole cannot be closed without affecting the entire civil justice system. This means it will probably be in place for some time, at least long enough for you to take care of your citation.
If these conditions have not been met, you have not been served legally. The government agency you are dealing with has the option of sending you registered mail, or having you served personally. If they send you registered mail you are not required to accept the letter.
You do not have to tell anyone your name just because they ask. Also, you are not required to accept certified or registered mail. Simply tell the postman you do not want to accept service of the letter without telling him or her who you are.
If they cannot get you by registered mail, the agency may try to serve you with a civil process server. If a process server is sent to your home, the situation becomes a little stickier. The service can be left with any person over 14 years of age in the house and service is valid.
The process server can find out if mail has been received at your address for you and use that to complete the service. Once you are legally served you must appear in court, end of story. The other pitfall to this is that the government will likely charge you for the cost of the process server. (Remember, it is a money making proposition for the government.)
In 2001, over 30% of the photo radar citations issued by the city of Scottsdale, Arizona went unanswered. In late January of 1999, the Scottsdale City Court hired process servers to serve these unanswered notices. The Paradise Valley City Court has now started using the services of a collection agency to serve and collect on unanswered photo radar citations.
To protect yourself from their service, instruct all members of your household not to answer the door if a stranger is standing outside. Also, if a stranger starts approaching you or any member of your household while outside of your home, have them walk away and not answer any questions if asked.
There have been cases where the process server just stuffs the summons under your door and they leave, marking the summons served. If this happens to you, you will then have to argue to the court that the service was invalid. However, you may want to wait till after the 120 days of your violation for this hearing.
Other loopholes page >> |
