Process servers play a critical role in the delivery and receipt of sensitive legal documents. Without them, future legal action cannot occur.
However, process servers are not always perfect. Mistakes sometimes occur that can lead to a case dismissal or even a mistrial. This is why it’s so important to entrust your document delivery to a reputable, experienced process serving company with highly trained employees.
Mistake #1: Serving the Wrong Person
This mistake is more common than you might think! Serving the wrong person is a huge problem that occurs when the intended recipient has the same or similar name as someone else. In other cases, process servers accidentally serve the wrong person based on an outdated address or case of mistaken identity. Continue reading
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.
Are you trying to file a civil case and can’t find the other party to the case? You absolutely must serve all parties to your civil lawsuit or legal action before your case can move forward in front of the courts. Without this proof of service, you won’t be able to get any type of remedy from the court. They have to be given a chance to tell their side of the story.
But sometimes you can’t find the person who needs to be served. If their last known address isn’t good, you’re going to have to work with someone who can track them down. Here’s what you need to know.
Why you have to make good faith attempts
Your private process server has to make several attempts to serve the legal papers before they give up. Part of making those good faith attempts also requires you to try to find the person if there is difficulty. Finding missing persons can be done by the right private process server, or they might work with a private investigator. All avenues for personal service must be exhausted before the server gives up. Continue reading