Service of process is a critical part of the American legal process, ensuring that all parties involved in a lawsuit are properly notified of the upcoming proceedings. But who exactly is responsible for serving those court papers, and how is this done in Colorado? Understanding how this process works is essential for anyone involved in any type of legal matter.
Who Can Serve Court Papers in Colorado?
In Colorado, the responsibility of serving court papers generally falls on the shoulders of professional process servers, sheriffs, or in some cases, any adult who is not a party to the case. The state of Colorado requires that the person serving the documents be over the age of 18 and not have any involvement in the case at hand. This helps to prevent any conflicts of interest and keeps the process fair.
While any adult can serve civil court papers in Colorado, most people opt to hire a professional process server. Professional process servers are trained to know the rules around the service of process, ensuring that all legal requirements are met and that the service is executed in a timely and efficient manner.
Methods of Serving Court Papers
In Colorado, there are several methods by which court papers can be served, each with its own set of rules and requirements. The most common methods include personal service, substituted service, and service by mail. In some cases, service by publication may also be permitted.
Personal Service
Personal service is the preferred method of service in Colorado. This involves physically delivering the legal documents to the defendant or to a person authorized to accept service on their behalf. Personal service is considered the most reliable method because it provides direct evidence that the defendant has received the documents.
Process servers in Colorado go to great lengths to ensure that personal service is completed by the service deadline. This may involve multiple attempts at different times of the day or even conducting surveillance to determine the best time and place to serve the documents.
Substituted Service
Substituted service is used when personal service is not possible, despite reasonable efforts. In this case, the documents can be left with someone over the age of 18 at the defendant’s usual place of residence or place of business. The person receiving the documents must be informed that the papers are legal documents and that they are being left for the named defendant.
Before substituted service can be used, the process server must typically obtain a court order authorizing this method from a judge. The plaintiff may need to provide evidence of the attempts made to serve the defendant personally before substituted service is permitted.
Service by Mail
In some cases, service by mail may be used in Colorado. This method involves sending the legal documents via certified mail, the return receipt requested. The defendant must sign for the documents, and the signed receipt serves as proof of service. Service by mail is generally used when the defendant is out of state or when the defendant consents to accept service by mail.
Service by Publication
As a last resort, when the defendant cannot be located despite the most diligent efforts, Colorado law allows for service by publication. This method involves publishing a notice of the lawsuit in a newspaper of general circulation in the area where the defendant is believed to reside. Service by publication is typically used in cases where the defendant is intentionally avoiding service or when the defendant’s whereabouts are unknown.
Professional Process Servers in Colorado
Understanding who serves court papers and how the service of process is carried out in Colorado is essential for anyone attempting to file a civil lawsuit. At Accurate Serve of Denver, we specialize in providing professional and reliable service of process throughout the Centennial State. Contact us today at 303-501-7121 or send us a work request online to get started working with Colorado’s premier process service agency today.
