Can a Process Server serve me papers for my Brother?

Question

I'm in Arizona. 22 years old

Process Server was here at my house yesterday and asked for my Brother, my Mother told him my Brother would be here later in the day. Server never showed up.

Process Server comes here today and says my Mother told him that my Brother lives here...which is a lie. Not only does my Brother not live here, but my Mother did not tell him he did. He tried to give me the papers and I told him I wanted nothing to do with them. He said I had no choice and left the papers on the door.

This isn't right, is it? It's not really possible for anyone in my family to track down my Brother, he shows up on occasion. Even if I wanted to, it's not possible for me to give the papers to my Brother. Any suggestions on what I can do now?

Answer 1

Make sure your brother shows up in court or he will lose.

Your mother acknowledge he was going to be there. So that is proof you have contact.

They don't let people weasel out like you want to.

Answer 2

It's not your problem...it's your brother's.  Depending on the State that you live in and the particular rules of service of process, generally a summons can be left at the home of the defendant with a person who is over 18 years old.  If your brother truely doesn't live there, then the service was no good, and it's up to your brother to challenge it in court.

Answer 3

As far as i Know a process server must serve only the person it is intended for. He can not give it to you for you to give it to your brother he has to give it to your brother in person.

Answer 4

its called sub-service, as long as the server verifies that the person resides there and makes 3 attempts (varies by state) they can leave with anyone over 18 and tell you to give them to him. they then mail a copy to him at that address and its a valid serve! try to get a hold of ur brother or call the attorney listed on the papers and talk to them and see if they are willing to reserve him where ever he is now

Answer 5

The papers are not served.  It is the problem of the process server to find and serve them.  You could be polite and return them to the courthouse, but you are not required to do this either.

Answer 6

Nothing for you to do other than to try to get hold of your brother. You have not been wronged in anyway.

Your brother needs to deal with this issue and stop playing hide and go seek with his problems. They will not just go away.

If a hearing is held and he misses the hearing, he can contest any default judgment based on improper service, however he will still have to deal with it.