Tucson apartment gates, leasing offices and getting papers served

Gate and call box at a Tucson apartment complex, a common obstacle when getting papers served

Drive Broadway, Speedway, Oracle or Grant and you pass one apartment complex after another, many of them behind a rolling gate with a keypad and a call box. If the person you are suing, divorcing or chasing for rent lives in one, the gate is probably the first thing you worry about.

It is a fair worry, but a small one. A gate adds trips and sometimes adds cost. It does not put anyone out of reach of the court. This guide covers what to expect and what you can do from your side. It is general information, not legal advice.

Can I just take the papers over myself?

No. In Arizona, the papers that start a case have to be delivered by a sheriff or deputy, a constable or deputy, or a certified private process server, and none of them can be a party to the case. That is how Arizona's rules are summarised in the Superior Court's service FAQ, and the same rules apply in Pima County. Most people in Tucson hire a private server because they can come back at different times without a long wait for a deputy.

Private servers are certified through the Arizona Supreme Court, and you can check anyone you are about to hire through the court's private process server program. Everyone on our Tucson list is on that certified list.

Will the gate stop them?

Not for long. The person who lives there still drives out to work, collects the mail and walks to the car. A server can deliver the papers anywhere they lawfully find the person, inside the complex or out.

What changes is how many attempts it takes, and that is the number to ask about before you hire. Find out how many attempts are included, at what times of day, and what happens to the price after that. A quote that assumed one easy knock can grow quickly at a complex where nobody buzzes strangers in.

A good server uses the access the complex gives visitors and nothing more. They should never climb a fence, slip in behind a resident's car or lie about who they are. Arizona's trespass law covers anyone who stays on property after a reasonable request to leave, and service gained that way invites a challenge that can cost you weeks. If someone you are thinking of hiring offers to, keep looking.

Can the leasing office take the papers?

Almost never. Arizona lets papers be left at a person's home with someone of suitable age and discretion who lives there. A leasing agent works at the complex but does not live in the unit, so the office cannot stand in for your tenant, ex or debtor. Papers left at the office are not service.

The office can still help a little. Some managers will open the gate for a certified server, or confirm which building a unit is in. Others have a firm policy against both. Either answer is normal, and it is not something you can insist on.

An adult roommate who really lives in the unit is different. If one answers the door and takes the papers, that can count. Ask your server to note the person's name and that they live there.

What should I tell my server?

You probably know more than you think. Before the first attempt, send:

the complex name, building and unit number
a recent photo, if you have one
the car the person drives, if you know it
their work hours or employer
anything you know about the entrance: staffed, unattended, or a separate walk-in gate

You do not need to watch anyone or play detective. Pass on what you already have and the server will take it from there.

What if they never come out?

Some people stop answering the call box for good. When that happens, the record of attempts becomes your evidence. Ask your server for notes on every attempt: the date, the time and what happened, not just "no answer."

With that record, you or your lawyer can ask the judge for permission to serve another way, called alternative service. If the judge agrees, the papers can be left with someone other than a party, and the summons, complaint and order also have to be mailed to the person's last known home or business address. Where you file the request depends on your case: Pima County Superior Court is at 110 West Congress Street, and the Consolidated Justice Court is at 240 North Stone Avenue.

Watch the clock while this plays out. In a Superior Court civil case, papers generally have to be served within 90 days after the complaint is filed. Do not wait until the last few weeks to hire someone.

What if I am the one behind the gate?

If you think someone is trying to serve you, staying inside does not end the case. The court can approve another way to reach you, and the case moves on either way. If a server catches you at the mailbox, take the papers and read them. Taking them is not agreeing with anything. It starts your time to answer, which is generally 20 days if you were served in Arizona and 30 days if you were served elsewhere. The papers say which court to answer in, and a lawyer can tell you what the answer needs to say.

Finding a server in Tucson

Certified servers who work the city are on our Tucson process servers page, and the Southern Arizona process servers page covers Marana, Oro Valley and points south. When you call, ask how often they serve at gated complexes in Tucson and what their attempt notes look like. Our guide to Arizona process server rules explains who can serve and how, and the Tucson town page has our other local guides.

Before the first call, dig the building and unit number out of the lease, a court paper or an old text. In a complex with twenty buildings, that one line saves your server the first hour.

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