If you’ve been served process for the very first time, you’re probably a little confused. Being served can be a stressful and overwhelming experience, especially if you weren’t aware of any legal issues. But no worries, Accurate Serve of Denver is here to help you understand service of process so you’re not flying blind as your court date approaches. In this post, we’ll go over 10 things you need to know if you’ve been served process in Colorado.
Understand What Being Served Means
If you have been served process, it usually means that someone (a person or entity) has filed a legal case against you. Sometimes being served means your presence is being requested in court or that you are being asked to provide some sort of evidence for a court case in which you are not a named litigant. Occasionally, someone being served is not being requested to appear in court, but is instead asked to do some other action. Inspect the paperwork received during the service carefully to find out exactly why you’re being served.
Identify the Type of Documents Received
If you’ve been named as a defendant in a court case, the process you receive will be a complaint detailing the claim made against, a summons which notes the upcoming court date and provides instructions on how and when to respond to the claims against you, and perhaps some other documentation the petitioner filed with the court. If you’re being asked to participate in a court case as a witness, you will instead receive a subpoena which explains exactly what the court wants you to do or produce. Again, read all the documents delivered to you carefully to determine the exact nature of the legal matter, how long you have to respond, and any other action you are required to make.
Do Not Ignore the Documents
There can be various consequences for ignoring the process you were served. It can result in the case being delayed, additional fees being added on that you may be responsible for, or even a default judgment against you, which means the court automatically rules in favor of the petitioner. You can even be charged with contempt of court and face jail time for ignoring court process! If you ignore the process and don’t do as instructed, you will never get to tell your side of the story and will face legal consequences.
Review the Deadline to Respond
The documents should specify a deadline by which you must respond or appear in court. It’s crucial to adhere to these deadlines to file your answer and possible countersuit and avoid potential penalties or judgments entered against you.
Seek Legal Advice
We always recommend consulting with a qualified attorney for all legal matters. The attorney can provide advice and guidance to help you navigate the court process, represent you on court dates, and get you an overall better result in the case.
Prepare & File a Response
If you have been served with a lawsuit, you will need to prepare and file an official response (often called an “answer”) with the court. This document should respond to each point of the petitioner’s complaint and outline any defense you might have against their claims. Having an attorney help you prepare your answer is advisable.
Understand the Jurisdiction
Different types of cases are heard in different courts, so it’s important to know which court has issued the summons that you were served. It can come from municipal, county, district, state, or even federal courts, and each may have their own process for responding to the summons and complaint.
Preserve Evidence & Document Interactions
Once you receive the process, start gathering your evidence immediately. Document any interaction you have with anyone pertaining to the case, and organize all this information so you can easily find what you need while in court.
Try to Avoid Trial
Courts usually offer multiple avenues to handle a case outside of going to trial. Trials are time-consuming, expensive, and prone to disruption. Instead, try to explore mediation options where you can sit down with the petitioners and try to work things out without all the stress and expense.
Stay Informed and Proactive
Throughout the legal process, stay informed about your case and proactive in dealing with the court. Whether it’s attending hearings, meeting deadlines, or responding to requests for information, active participation can lead to a significantly more positive outcome for you.
Have Questions about Being Served in Colorado? Contact Accurate Serve of Denver
Being served process in Colorado requires a prompt and informed response. By understanding your rights and obligations, seeking appropriate legal advice, and being active and engaged with the process, you can hopefully reach a favorable resolution. For more information about service of process in Colorado, contact Accurate Serve of Denver at 303-501-7121 or email [email protected].
