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Old 09-23-2011, 10:49 PM
 
Location: Cave Creek, AZ USA
1,775 posts, read 6,331,061 times
Reputation: 1070

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Well, I thought we had been dodging a process server for a ticket my wife got in Scottsdale. Turns out they never attempted service and lied on the affidavt to get the judge to authorize "alternate service," whereby they just taped it to our front door and now she's considered served. On the affidavit the server lists three dates and times she attempted service. They're obviously lies.

One says the garage door was open but no vehicles were in it. How is that possible when we have three vehicles, but only two drivers and just about never leave the garage door open?

Next attempt said it was a knock at the door at 8:43am. I work from home and never start work later than 8am. I use a standing desk about 20 ft. behind our front door. No way for me to have missed this.

Next attempt was a knock at the door at 8:22pm, when were both home, but heard no knock at the door. Server claims neighbor (lists his address) confirmed my wife lives here. I don't think my wife has met that neighbor and this guy is my buddy who'd not rat me out, even if he knew my wife's name.

Looks like she's on the hook for this one, but I will pursue this process server for her lies on the affidavit. Anyone know about fighting this?

 
Old 09-24-2011, 09:30 AM
 
Location: Scottsdale, Arizona
1,270 posts, read 5,191,379 times
Reputation: 1131
Fight the service issue why? Why not address the traffic offense? Lies on an affidavit are serious yes. But are you attempting to use this instead to avoid a traffic ticket?
 
Old 09-24-2011, 10:33 AM
 
Location: Cave Creek, AZ USA
1,775 posts, read 6,331,061 times
Reputation: 1070
Why? Because my wife did not waive her right to service and the judge granted alt. svc. based on a falsified affidavit? Do you not see the issue? Addressing the ticket is not my question here. But thanks for the non-response.
 
Old 09-24-2011, 10:46 AM
 
Location: Prescott Valley, AZ
3,062 posts, read 6,653,265 times
Reputation: 2444
Get over it and and address the issue.
You can play games all you want but what you will learn the hard way in life is that the court's are going to take the word of officers and people that serve the courts.
And that includes if they are lying.
Been there and done that.

Last edited by keninaz; 09-24-2011 at 11:55 AM..
 
Old 09-24-2011, 10:51 AM
 
Location: Sonoran Desert
38,945 posts, read 50,850,868 times
Reputation: 28127
Quote:
Originally Posted by keninaz View Post
Get over and and address the issue.
You can play games all you want but what you will learn the hard way in life is that the court's are going to take the word of officers and people that serve the courts.
And that includes if they are lying.
Been there and done that.
x2. Life's not fair. Get over it and move on.
 
Old 09-24-2011, 10:54 AM
 
Location: Cave Creek, AZ USA
1,775 posts, read 6,331,061 times
Reputation: 1070
Yes, I understand life is not fair. But I'm trying to find someone who has dealt with Scottsdale's alt. service before, not people who think a photo radar ticket is the issue here, as it's really not.
 
Old 09-24-2011, 11:06 AM
 
Location: Sonoran Desert
38,945 posts, read 50,850,868 times
Reputation: 28127
Quote:
Originally Posted by Rick Lee View Post
Yes, I understand life is not fair. But I'm trying to find someone who has dealt with Scottsdale's alt. service before, not people who think a photo radar ticket is the issue here, as it's really not.
Well I am not that, but I have dealt with the courts in this country more than I would like to admit. The judge is going to dutifully hear your side and then take a New York second to rule against you. You are simply not a credible witness relative to the process server. They presume you have a self-interest in lying where the process server is neutral, professional, and credible. It's not about the ticket; it is about tilting at windmills at this point.
 
Old 09-24-2011, 11:07 AM
 
Location: SW Missouri
15,853 posts, read 34,997,155 times
Reputation: 22693
Quote:
Originally Posted by Rick Lee View Post
Well, I thought we had been dodging a process server for a ticket my wife got in Scottsdale. Turns out they never attempted service and lied on the affidavt to get the judge to authorize "alternate service," whereby they just taped it to our front door and now she's considered served. On the affidavit the server lists three dates and times she attempted service. They're obviously lies.

One says the garage door was open but no vehicles were in it. How is that possible when we have three vehicles, but only two drivers and just about never leave the garage door open?

Next attempt said it was a knock at the door at 8:43am. I work from home and never start work later than 8am. I use a standing desk about 20 ft. behind our front door. No way for me to have missed this.

Next attempt was a knock at the door at 8:22pm, when were both home, but heard no knock at the door. Server claims neighbor (lists his address) confirmed my wife lives here. I don't think my wife has met that neighbor and this guy is my buddy who'd not rat me out, even if he knew my wife's name.

Looks like she's on the hook for this one, but I will pursue this process server for her lies on the affidavit. Anyone know about fighting this?
Dude, you can't PROVE any of this. My husband and I used to do insurance inspections. We would knock on the door, sometimes several times and there would be no answer. Then, when we were in the back yard, we would be measuring a deck and a hostile homeowner would come out of the house wanting to know "what the hell" we were doing. They didn't "hear" the knock. Either the television was on, or they were on the phone, or in the bathroom or vacuuming, or the baby was crying or the dog was barking, etc., etc. or they simply WEREN'T PAYING ATTENTION.

The process server is a sworn representative of the court. You, on the other hand, are a breaker of the law. Who exactly, do you THINK the court is going to believe about the service issue?

Give it up. Forget about trying to PROVE the woman is lying. Nobody is going to believe you and it's just going to make you look like you are trying to "get back" at someone for just doing their job.

Yes, we know you aren't happy about the whole speeding issue. Just pay up and move on. Being a "victim" is so unattractive.

20yrsinBranson
 
Old 09-24-2011, 11:08 AM
 
Location: Raleigh, NC
19,358 posts, read 27,562,622 times
Reputation: 35932
Quote:
Originally Posted by Rick Lee View Post
Yes, I understand life is not fair. But I'm trying to find someone who has dealt with Scottsdale's alt. service before, not people who think a photo radar ticket is the issue here, as it's really not.
You are right. The issue is you and your wife not taking responsibility in the first place.

Quote:
I thought we had been dodging a process server for a ticket my wife got in Scottsdale.
And, btw, one of your other posts on the same subjects reads:

Quote:
What "alternate service" is Scottsdale using? My wife is dodging a process server now from a Scottsdale photo radar ticket. I'm not worried, as our doorbell is broken, we don't have kids and we don't answer the door for unexpected visitors or keep the garage doors open. Her court date was supposed to be at the end of July. When will she be in the clear?
So - you have no idea if / when the process server was or was not there. Now who's lying?

Last edited by Jkgourmet; 09-24-2011 at 11:19 AM..
 
Old 09-24-2011, 11:23 AM
 
4,235 posts, read 13,993,706 times
Reputation: 4252
Quote:
Originally Posted by Rick Lee View Post
Do you not see the issue? Addressing the ticket is not my question here.
I think the issue is very clear here.....take responsibility for your own actions....(big problem nowadays)

edit: good research, jkgourmet!
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