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06-17-2009, 05:48 PM
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Senior Member
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Join Date: May 2009
Location: New York and Arizona
126 posts, read 58,749 times
Reputation: 67
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Ok bowlingblogger, as I said, I will do the same as well. My ticket date in court is June 29, between 9 and 11:30 and 1:30 to 3:30. Didn't take the course and didn't pay any fines, so we'll see.
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06-20-2009, 01:48 PM
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Junior Member
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Join Date: Jun 2009
Reputation: 10
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So how many times do they try to serve someone during the 120 days?
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06-20-2009, 02:40 PM
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Senior Member
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Join Date: Jan 2008
Location: Phoenix!!!!
1,166 posts, read 823,063 times
Reputation: 351
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Those process servers are gonna have an easy job next year when the Census takers are knocking on people's doors.
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06-25-2009, 06:31 PM
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Member
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Join Date: Jun 2009
Location: ca/tempe
20 posts, read 8,018 times
Reputation: 17
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live in california, work frequently in tempe....own a home in tempe as well.
got a notice from enterprise that they gave tempe my name/number/etc.
got the notice in the mail in california from tempe...46 in a 35 zone on rural
i have no problem paying, but does this put a point on my california license??
should i lay low for a few months???
i just don't want this to effect my license....
has anybody been served by tempe in california or out of state?
thanks!
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06-25-2009, 07:22 PM
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_____________________
Status:
"depressed"
(set 4 days ago)
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Join Date: Nov 2008
Location: Las Vegas, Nevada
2,460 posts, read 949,511 times
Reputation: 783
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Quote:
Originally Posted by cantsnowboard
live in california, work frequently in tempe....own a home in tempe as well.
got a notice from enterprise that they gave tempe my name/number/etc.
got the notice in the mail in california from tempe...46 in a 35 zone on rural
i have no problem paying, but does this put a point on my california license??
should i lay low for a few months???
i just don't want this to effect my license....
has anybody been served by tempe in california or out of state?
thanks!
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I have received some of these tickets in the mail, but have never received a process server. I live in Nevada, but I think it would be the same in California.
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06-28-2009, 11:45 AM
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Junior Member
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Join Date: Jun 2009
4 posts, read 2,159 times
Reputation: 11
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I NEVER answer my door unless I am expecting someone. Yesterday, what did I do?! I stupidly answered the door! I live in a very small gated community and this jerk must have piggy-backed his way in here. First of all, the hazey photo doesn't even look like me and secondly, this process server showed up well beyond the 120 days. I have avoided a few other tickets and checked the court website to verify that those other tickets were all dismissed w/o prejudice. Now what?!
Do I dare say that photo is not me? I know I DO NOT have to inform them of who was driving. My husband had a ticket over a year ago where he was clearly the driver but his drivers license picture was so old that it didn't look like that photo radar picture. He filled out the ticket stating it wasn't him, copied his license as requested, and listed three phoney names of people it could be since he's a contractor and he didn't know who was driving the truck that day! LOL It worked and the charge was dropped!!
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06-28-2009, 04:08 PM
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Member
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Join Date: May 2009
21 posts, read 12,306 times
Reputation: 12
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If a civil complaint is filed against you in Arizona, the state is given 120 days to serve you, according to this website (Rule 4i at the bottom). Once that time is up, if the defendant has not been served the complaint is supposed to be "dismissed without prejudice," as you mentioned. However, it also says on this website that the judge can grant an extension if the plaintiff can show "good cause" for the failure of service. I'm not a lawyer so I don't know what constitutes this or how common it is for a process server or the state to request it. But I suppose it's possible this is what happened in your case. I'm not sure if this would show up in the court info lookup database or not.
Still, if the complaint shows as having been "dismissed" on the website, you shouldn't have had anything to fear. This is a scary development for all of us trying to get out of our photo citations!
Last edited by bowlingblogger; 06-28-2009 at 04:09 PM..
Reason: Added Rule to external link
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06-29-2009, 12:45 AM
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Junior Member
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Join Date: Jan 2009
3 posts, read 3,467 times
Reputation: 11
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I live in Tucson and my 120 days (from the court date of 02/19/09 stated on the December photo radar notice/citation I rec'd) was up on June 19th. I don't answer my apartment door either - ever - unless I know someone is coming and everyone (especially my son) has had very clear directions about what to do if approached just short of strangling the guy. On the night of the 18th at 8:00pm there was an odd rap at the door I'd never heard before. Whoever it was waited a minute and then gave the same rap again. My son and I waited in the hallway until we were fairly sure this person was gone. I have a long window with wooden shutters right by the door but I didn't dare peek out just in case "peeking out" constitued a serve. There was no note on the door so I was pretty sure who'd been there. Anyway, three or four mornings later (on the 123rd day I think) at an ungodly 7:00am, that same odd rap at the door woke me up. My son said he heard it twice just like three nights prior. Nothing since. I live up in the Foothills so it doesn't surprise me that he/she didn't come until now but - God! - is he/she going to continue coming???
I checked the court site and it still shows my case open and then I saw something I never noticed before - it said next to the date 02/11 it said:
Process: Served/Private Server. I was NEVER served with anything so I'm not sure what that meant. And there is nothing posted or listed as happening on 02/19 at all.And I've checked with everyone I know and no one came to my door so I'm sure it was one of "them". Now I am so confused.
How long after the 120 days do cases get dismissed? Has anyone actually seen their photo radar ticket dismissed?
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06-29-2009, 01:32 AM
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Member
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Join Date: May 2009
21 posts, read 12,306 times
Reputation: 12
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If it says "Served" on the court info website, then I'm pretty sure it means the court considers you to have been served. It is possible to be served even if you don't answer the door--if a process server visually identifies you at your address (typically through a window), they can leave the papers at your door. This is known as "alternate service." Although not common, there have been reports of it happening in Scottsdale.
I have not heard of the wording you read on the court info site, though, so I'm not sure. In any case, if you didn't answer the door and you're reasonably sure they didn't see you through a window, then I don't see how it's possible for them to have served you, unless they wrote up a false affidavit and lied to the court about having done so. (Process servers have been fired for this in Arizona in the past.) If they did serve you, there would have been papers taped to your door or somewhere visible, and I believe they have to send the papers to you again through the mail as well. Hopefully someone who knows more about this will chime in!
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06-30-2009, 12:50 AM
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Junior Member
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Join Date: Jan 2009
3 posts, read 3,467 times
Reputation: 11
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Thanks for the response. No, I was never served. No papers on the door. Nothing in the mail, certified or otherwise. And it is impossible that I was ever seen near or around that window because those shutters have been on lockdown since last December. I don't know what that blurb in my court stuff meant, but it still wouldn't explain the strange knock at the door right as the 120 days was up and a few days after. I find it odd that there is nothing in the court info that says "Failure to Apear" on the 02/19 court date. I didn't show up, and didn't take the class or anything. I tried, later - in a weak moment - to schedule the class online but it stopped me immediately saying it was too late (after the 19th) and that I had to call the court.
Can anyone answer the last couple of questions on my post about the 120 day dismissal and if anyone has actually seen the words "dismissed" after the 120 day mark?
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