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Reliable Process Service – Making or Breaking Your Case

Process Serving rules in Denver Colorado:

A reliable process server is your first line of defense against losing your case.

You have been wronged. You have filed legal action against the offending party. And now it’s time to make sure they get served up that big stack of paper from the court letting them know that a case has been filed and they are a part of it.

But how do you know where to go for reliable process service? Depending on the type of case or the jurisdiction under which the lawsuit was filed, there can be strict rules involved when it comes to serving legal paperwork. Some companies and individuals are not properly aware or equipped to handle this important responsibility which can leave you and your case at risk.

By using dishonest or incompetent process servers many negative issues can occur. Improper service can result in a counter case against you and the process serving company. It can also create a situation where the legal responsibility of the case rests on the fact that the defendant/respondent didn’t receive their paperwork using a legal method and or time frame. Sometimes, if the defendant/respondent does not show up to court because of improper service, the case may be dismissed altogether.

What is Process?

Process is the legal name given to the set of documents created by a court during legal proceedings. This paperwork allows the parties involved in a legal action written notice detailing a current case making them aware of their rights and responsibilities.

What is Service of Process?

Once documents have been issued by the court, they must be presented to or “served” to whoever is named in the legal action that has a responsibility to respond to it. This procedure must be done according to the rules within the jurisdiction where the legal action has been filed. Service of Process is another term for legal notice.

Why is Proper Service Important?

 

If service of process is correctly conducted, legal cases can proceed. If not, they can easily be thrown out of court causing a need to re-file a claim. If a defendant is served process properly and they then do not respond in accordance with the laws of the court they can be then found in default. For this reason Service of Process is one of the most important and original actions of a lawsuit that underpins its ultimate success or failure in a court of law!

This is why it is so important to use a Denver process server you can count on, at Elite, we go above and beyond to provide exceptional service to all of our clients in Denver and everywhere in Colorado.

Service of Process in the News

Service of Process in the News

Last year the Colorado Attorney’s Office attempted to serve Douglas Bruce, political activist and former legislator, more than 23 times in relation to a series of campaign finance complaints.

http://www.gazette.com/articles/general-99005-attorney-attempts.html

That process server made 23 different attempts, but failed to effectively serve Mr. Bruce. After a three day trial, Mr. Bruce was found not guilty of contempt of court, but the issue committee he was to answer questions about was fined $11,300.00.

This goes to show that service of process is not something to be taken lightly. Make sure you get people, corporations, and public entities served correctly. Anything less can be a whole lot of headache in the end.

You’ve Been Served! What to do next?

January 24, 2011 1 comment

You’ve Been Served!

So you have been served papers.  Now what?

First of all, don’t ignore them. Too many people put it out of their minds, wad them up, or just willfully ignore the papers that they have been served. This is a terrible idea.

As we have discussed, service of process is the courts way of confirming that you have notice of a pending matter. If you have notice and don’t do anything about it, you are likely to face a default judgment or other action to your detriment. You could also be held in contempt of court.

First, read the papers. They will contain valuable information that will let you know what the matter is about, and just how long you have to respond.

Second, get legal advice. Many attorneys will give free consultations and let you know the basics of where you stand. Some people who feel confident in their research and analysis skills can find out what they need to know on the internet.

Third, act accordingly. Remember, time is counting down from the moment you were served. The longer you take to get advice, the less time you or your attorney have to act to protect you and your rights.