Serving legal documents correctly in Phoenix is crucial to ensuring they hold up in court. Whether it's a lawsuit, subpoena, eviction notice, or restraining order, service must comply with Arizona law to be legally valid.
Failure to serve documents properly can lead to case dismissals, delays, and even legal penalties.
Here’s a breakdown of all the legally recognized methods for serving legal documents in Phoenix and how to choose the right one.
1. Personal Service – The Gold Standard
Personal service is the most direct and legally secure method. It involves physically handing the documents to the defendant.
How Personal Service Works:
A process server or sheriff delivers papers directly to the individual named in the lawsuit.
The recipient must be positively identified (via name confirmation, ID check, or visual recognition).
If the defendant refuses to take the papers, the server can leave them at their feet and note the refusal.
Best For:
Lawsuits
Subpoenas
Divorce papers
Restraining orders
This is the most effective method because it ensures the defendant cannot claim they weren’t served.
2. Substituted Service – When the Defendant Isn’t Available
If the defendant isn’t available, process servers can leave the documents with another responsible adult.
How Substituted Service Works:
The person accepting the documents must be 14 years or older.
Papers can be left with a co-resident or employee at their workplace.
A follow-up mailing is required to confirm service.
Best For:
Evictions
Lawsuits against frequent travelers
Cases where the defendant avoids direct service
This method is only valid if the recipient is part of the defendant’s household or place of business.
3. Service by Posting & Mailing – Eviction Cases Only
For eviction notices, Arizona law allows process servers to post documents at the property and follow up with mailed notice.
How It Works:
The eviction notice is posted on the tenant’s door.
A copy is sent via certified mail to the last known address.
The case proceeds after the legal notice period (e.g., 5-day notice for nonpayment of rent).
Best For:
Evictions & landlord-tenant disputes
Cases where the tenant refuses to answer the door
This method is only valid for eviction cases and requires strict documentation.
4. Service by Certified Mail – Limited Use
In some cases, service can be completed by sending the documents via certified mail with a return receipt requested.
How It Works:
The defendant must personally sign the delivery receipt.
If someone else signs, service may not be valid.
A signed receipt is filed with the court as proof of service.
Best For:
Cases where the recipient is cooperative
Business-related legal matters
If the recipient refuses to sign, service is not complete—requiring another method.
5. Service by Publication – When the Defendant Cannot Be Found
If the defendant cannot be located, a judge may allow notice to be published in a newspaper.
How Service by Publication Works:
The plaintiff must prove they attempted personal service multiple times.
A motion for alternative service must be approved by the court.
A legal notice is published in a local newspaper for several weeks.
Best For:
Defendants who have left town without a forwarding address
Family court cases (divorce, custody) when one party is missing
This method is a last resort and requires court approval.
6. Service at Work – Employer Cooperation Required
Serving legal documents at a defendant’s workplace is allowed, but it depends on employer policies.
How It Works:
Papers can be delivered at the workplace if the employer allows it.
If the recipient avoids service, the process server can wait outside for them.
Certain high-security workplaces (e.g., government buildings) may restrict service.
Best For:
People who are rarely home
Defendants known to dodge service at their residence
Employers are not required to allow process servers inside—so discretion is key.
7. Sheriff or Constable Service – Slower but Official
Law enforcement officers can serve legal documents, but they typically take longer than private process servers.
How It Works:
Sheriff’s deputies deliver legal documents when available.
Their service may be slower due to other law enforcement duties.
Can be more expensive than a private process server.
Best For:
When a defendant is aggressive or potentially violent
Court-ordered restraining orders or criminal cases
Using the sheriff’s office may cause delays—private process servers are usually faster.
8. Hiring a Private Investigator – Tracking Down Hard-to-Find Defendants
If someone is actively avoiding service, a private investigator may be needed.
How It Works:
Investigators use skip tracing (credit reports, social media, address history) to find the defendant.
Once located, a process server completes the service.
Some investigators are also licensed process servers and can serve documents directly.
Best For:
Defendants who have left town or are intentionally hiding
Cases with a high likelihood of service evasion
This is the most expensive option but ensures successful service.
Choosing the Right Method for Your Case
| Personal Service | Lawsuits, subpoenas, restraining orders | 🚀 Fastest | ❌ No |
| Substituted Service | Defendants avoiding direct service | ⚡ Fast | ❌ No |
| Posting & Mailing | Evictions | ⏳ Moderate | ❌ No |
| Certified Mail | Business & cooperative defendants | ⏳ Moderate | ❌ No |
| Publication | Missing defendants | 🐢 Slow | ✅ Yes |
| Workplace Service | Defendants rarely at home | ⚡ Fast | ❌ No |
| Sheriff Service | High-risk defendants | 🐢 Slow | ❌ No |
| Private Investigator | Hard-to-locate defendants | ⏳ Moderate to Fast | ❌ No |
For the fastest and most reliable service, personal service by a certified process server is always the best choice.
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The Process Server
13416 North 32nd Street #110F, Phoenix, Arizona 85032, United States
Phone: +1 (602) 675-2333
Email: [email protected]
For further details, please refer to the Justice Courts Case Search.