Did you know that you can’t just serve papers on a minor the same way you would anyone else? If you have a civil suit against a minor, such as in a property damage or car accident case, you may need to serve papers to the minor responsible. Here’s what you need to know before moving forward.
What does “minor” mean when serving papers?
For the purposes of the rules of civil process in Colorado, a minor is anyone under the age of 18, regardless of status. Minors under the age of 13 have additional rules applied.
Under the age of 13
If you have a civil suit against a minor under the age of 13, you are not allowed to have them served or approached in any way. You must serve papers to the minor’s parent, guardian, or custodian and not to the child. However, you can serve the papers to the guardian with the child present.
Between 13 and 18 years of age
Minors under the age of 18 but over the age of 13 can be served papers for a civil case in Colorado. However, you also have to serve the papers to their parent, guardian, or other custodian. In most cases, you do not have to serve them at the same time. Each situation can look very different, so it is helpful to have a process server who is very familiar with all of the rules in special cases.
What about parents under age 18?
This is one of the most common questions that we get on this topic. Are parents under the age of 18 still served papers as minors? Unfortunately, they are. The rules of civil process require you to obey the special rules for minors if they are under the age of 18, even if they are a parent themselves. There are no exceptions to this rule. If the parent is under the age of 18, his or her spouse, the other parent, or another adult living in the home also have to be given a copy of the papers.
Getting help with serving papers to a minor in Denver
If you are trying to serve a minor in Denver in a civil matter, you’re going to need some expert advice and assistance carrying out your case. Even if you aren’t working with an attorney and are representing yourself, we are more than happy to serve the papers necessary for your case accurately and at a reasonable rate. Contact us today to get started.
