When serving process in the state of Colorado, process servers have a specific number of days to complete their service. This article will explore what that timeframe is, as well as some possible consequences for not completing service within that time limit.
What is Service of Process?
Service of process is the process of providing a defendant with notice of a pending legal action against them. This allows the defendant an opportunity to defend themselves in court. In order for the service of process to be valid, the summons and complaint must be delivered to the defendant in a way that meets the requirements of due process.
Who Can Serve Process in Colorado?
In Colorado, the process may be served by any adult who is not a party to the case. However, we always recommend hiring a professional process server company to avoid some of the common pitfalls of using a friend. Since improper service can give the defendant grounds to request that the case be dismissed, it’s important to use a process server that knows what they are doing.
Nine-Week Deadline for Service of Process in Colorado
In the state of Colorado, process servers have 63 days from the filing of a complaint to serve the defendant. This nine-week timeframe is strict and process servers must adhere to it. The service must also occur at least two weeks before the scheduled court date.
What Happens if Service is Not Completed Within the Timeframe?
If a process server does not complete the service within the 63-day timeframe, the court has the authority to dismiss the case without prejudice against the defendant. The court may also order that service be made within a specified time.
Are Extensions Allowed?
In some cases, the plaintiff may show good cause for failing to serve process within the nine-week timeframe. If they do, a judge may allow an extension of the service of process deadline.
Quality Process Servers in Denver
For the most skilled, reliable process servers in Denver, contact Accurate Serve® at (303) 501-7121 or send us a work request online.
