Papers for someone in a gated or 55-plus Goodyear community

Guard gate at a Goodyear retirement community where a process server must serve papers

Goodyear stretches from Palm Valley and PebbleCreek in the north to Estrella and CantaMia up the hill in the south, and plenty of homes in between sit behind a guard gate, a keypad or a call box. Many belong to retirees, and some are only lived in for the cooler half of the year.

If the person you need served lives in one of them, you probably have the same handful of questions everyone asks. Here are the answers, from your side of the case. This is general information, not legal advice.

Can I just give them the papers myself?

No. The Maricopa County Superior Court's civil service FAQ is blunt about it: you cannot serve your own documents. Within Arizona, service is done by the sheriff or a deputy, a constable or a deputy constable, or a certified private process server.

Most people hire a private server. Every one must be certified by the Arizona Supreme Court, and you can check a name on the court's private process server program page. Every process server listed on Served & Found is on that certified list.

Shopping center parking lot near Goodyear where papers are often served outside the gates

Is there a gentler way, given the person is older?

Often, yes. The court's self-help materials describe service by acceptance: you give or mail the papers with an Acceptance of Service form, and the person signs it in front of a notary and sends it back. Signing does not mean they agree with you. It only confirms they received the papers.

Many retirees who own a home in Goodyear are not dodging anything. A polite letter and the form may save you every trip to the gate. The court's packet warns not to use this route if there has been domestic violence or you expect the person to be hostile or stall.

Will the guard let a server in?

Sometimes. A security officer works for the community, not the court, and may call the resident, refuse, or follow whatever the association has told them. Your server will not push past a gate arm, follow a car through or climb a wall. Under A.R.S. 13-1502, staying on property after a reasonable request to leave is criminal trespass, and service that starts that way invites a fight over whether it counts.

Can the guard or the HOA office take the papers?

No. Arizona allows papers to be left at the person's home with someone of suitable age and discretion who lives there. A guard, a manager or a neighbour does not live in that house. If anyone tells you they "left it at the gatehouse," ask more questions before you rely on it.

So where does service actually happen?

The court's FAQ says a server can serve the person where they live, where they work or anywhere else they can be found. Residents of a gated community still go to the doctor, the store and the golf course, so the papers may well change hands outside the gates. That is lawful and normal, and you do not need to know more about the method than that.

What if they are only here in winter?

This catches a lot of people out. If the home is empty from late spring to the fall, there is nobody living there to receive the papers, and leaving them with a house sitter or a neighbour who checks the mail does not count.

You have options. If you know the person's summer address in another state, the court's packet explains that a defendant who lives outside Arizona at a known address can be served by mail that requires a signed return receipt, followed by an affidavit with the receipt attached. A process server in that state is another route. Ask your lawyer which fits your case. Waiting until October usually doesn't, because of the deadline below.

How long do I have?

In a Superior Court civil case, the summons and complaint generally have to be served within 90 days of filing, according to the court's FAQ, or the complaint can be dismissed. If you file in May against a snowbird, plan for out-of-state service from the start.

What if they never come out?

If the person is clearly home and avoiding service, you can ask the judge for permission to serve another way. The FAQ explains that with a court order the papers can be left with someone other than a party, and you must also mail the summons, the complaint and the order to the person's last known home or business address. Ask your server for dated notes on every attempt, because the judge will want to see them.

How do I keep the cost down?

Each wasted trip is billed. Give the server, at the start:

the full address, including the village or phase name inside the community
a recent photo and the car they drive
whether they live there all year or only in winter, and any out-of-state address
any guest list arrangement you can legitimately offer
places they are reliably found, such as a club, a church or a job

Ask how many attempts the price includes and what each extra one costs.

A note for residents

If you live behind one of these gates and a guard calls about a process server, you do not have to come down. But avoiding the gate does not make the case go away. You will probably be served somewhere else, or the court will approve another method, and the deadline still runs: generally 20 days once you are served in Arizona, according to the court's default timetable. Taking the papers is not admitting anything. Our page on what to do if you are served is a calm place to start.

Finding a server

You can browse certified process servers in Goodyear or see everything we list on the Goodyear page. If the person lives south of the river rather than behind a gate, our piece on Goodyear addresses north and south of the Gila is the one to read next.

Before you hire anyone, find out one fact: is the person in Goodyear this month? The answer decides whether you need a server at the gate or a stamp and a summer address.

See the board: everyone in Goodyear · process servers only.