Here in Colorado, you may be wondering if you really need to hire a process server to deliver your court paperwork. While saving some cash by trusting your process to a friend or family member may sound tempting, it can really mess up your case in the end if the process is not served in a valid manner. In this post, we’ll go over the reasons why hiring a private process server is always a good idea.
Your Time is Valuable
Many people underestimate the value of their time. If you’re an attorney who works several cases at the same time, you’ve already got a lot on your plate. The last thing you need to be doing in chasing case defendants around town. Manage your time wisely by trusting your case process to a professional process server, like those here at Accurate Serve® of Denver. Continue reading
If someone is taking you to court because they believe you owe them money, you probably would like to avoid the entire situation. Unfortunately, that is not possible. No matter how many times you duck and dodge a process server attempting to deliver the court summons and complaint to you, you will still end up being served. How? When a defendant avoids service to stall a court case, the plaintiff can request service by substitution or publication. If allowed, this means that someone other than the defendant can be served the court documents or that a notification about the pending service may be published in the local newspaper. Once the terms of the alternative service have been met, the defendant will be required to appear in court on the scheduled date or face the consequences. Some of the most common potential consequences for avoiding a process server include: Continue reading
Is a process server searching for you because of a court case or lawsuit? Wondering what exactly the server can do to find and serve you? In this post, we’ll cover what a process server is, some of the most common tactics process servers can use to find their target, and what is not allowed.
What Does a Process Server Do?
A process server is a person who delivers legal papers to another individual, usually through personal delivery or by mail. The process server must attempt to give the document to the recipient in person if possible. If the recipient is unavailable after multiple attempts, the server may ask for permission to serve the recipient by alternative means. Continue reading
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. Continue reading
Definition of a Process Server
A process server hand delivers (most of the time) court case paperwork to the parties named in the case. While this job may sound a little underwhelming, it actually plays a very important role in the American legal system and upholds the constitutional rights of court litigants every single day.
Did you know that part of the 14th Amendment of the U.S. Constitution refers to the need for process servers? It’s known as the “Due Process Clause”, and it prohibits the government from depriving “any person of life, liberty, or property, without due process of law.” That due process of law includes notification of upcoming court dates so that the defendant or witness has adequate time to prepare. That notification, in many cases, comes from process servers. Continue reading
In Colorado, there is no certification or licensing program for private process servers. Instead, the courts rely on honesty amongst servers, attorneys, and litigants to ensure that the case process is served and received as intended.
Even though there is not an official process server designation in the state, there are still rules that anyone serving process in Colorado must follow. At a minimum, process servers are expected to: Continue reading
When you file a civil complaint against an individual or business, there are several wheels that begin turning behind the scenes. The exact processes will depend on the specifics of your case, but in general, all cases go through a predetermined series of steps, depending on the monetary amount involved:
Process servers play the vital role of ensuring that all parties in a legal case are properly and promptly notified of when and where their upcoming court case will be heard. This gives defendants plenty of time to prepare for the case or find legal representation. Witnesses may want to role-play answering questions so they are not so nervous on the stand.
Process servers provide this notification to case parties by serving them process, or the documents related to the court case. There are many different documents that a process server may deliver, including summons, complaints, subpoenas, and writs.
A summons does just that—it summons a defendant to court to respond to accusations. The summons will contain the date, time, and place where the case will be heard. Abiding by a summons is not optional. Continue reading