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Adventures of a Denver Process Server: Chapter 1

Adventures of a Denver Process Serving: Chapter 1  

it's a bird, it's a plane... no it's "Process Service Man!"


 

Why I Love Being a Process Server

People often ask me why I do it.  If I were to say it’s just a job, something to pay the bills, it would be like saying skiing is just a way to get down a hill.  There are a lot of easier ways to make a living.

Process servers aren’t the leading men (or women) of our legal system.  Courtroom dramas don’t begin with our hero serving court papers.  When we do get on screen, most of the time we get a part that fits an old cliché: the clever tricksters who suddenly materialize to sneer, “gotcha!”  Or when process servers are featured, it is a wildly unrealistic portrayal of what we do.

And the people we meet aren’t exactly happy to see us either, and they can be rude, even dangerous (more on that later.)  You’d have a better chance of making friends with an unfamiliar guard dog than you would of getting a smile from someone who has just found out they must appear in court, and understandably so.   Of course, when it comes to dogs, I would much rather be greeted by a frown.  Unfortunately, I say this from personal experience (more on that later as well.)

I am a process server because of the adrenaline rush that comes when every sense I have is alert to my surroundings.  As much experience as I have, I know better than to approach any assignment as though it were routine.  This does not mean I gear up for a confrontation.  A good process server knows how to avoid escalation.

I enjoy serving papers because I do help to bring justice and right many wrongs.  The integrity of our legal system is built upon verifiable procedures; otherwise it would boil down to chaotic gamesmanship.  The serving of process represents the the court system stepping in as the referee to countless legal disputes, ensuring that people, weak and strong alike, have recourse when their rights are violated.

I am fortunate because process serving in Colorado is an ideal way to travel through every corner of this beautiful state.  I have a job that doesn’t follow a typical nine to five day in which I am tethered to an office that might as well be in any part of the country.  I get the chance to really see Colorado: whether by looking up from the foot of one of its carved mountains, or by looking down upon a colorful valley floor.  I have driven through towns that put postcards to shame, places that are framed by rushing waterfalls and punctuated by soaring eagles.  Every day is new and exciting.

When you hire someone, you want that person to not only be good at what they do; you want them to be enthusiastic about doing it.  Most of the time, one trait cannot exist without the other.  One of the reasons we started this blog is to show that process serving is more than a valuable profession, it is an adventure.

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Challenges Facing the Denver Process Server Profession

Challenges Facing the Denver Process Server Profession

 

How will the Industry Adjust to Rising Fuel Costs, Technological Changes, and Misinterpretation of the Law?

 

Like any profession, process serving must find its place amidst technological and economic changes.  On the one hand, service of process will always be an integral part of the judicial system in Colorado and elsewhere.  On the other, the legal industry, especially that part which specializes in corporate law, will always be on the lookout for ways to tighten costs and streamline the process.

 

There are three large issues that could affect independent, private process servers.  The first being cyclical (one hopes), the second being transformational, and the third has been fixed in place since people began serving papers on behalf of the courts.

 

The rising cost of fuel affects every business and every individual.  At Elite Process Servers, we pride ourselves in not passing along these costs to our customers.  We don’t add on mileage or any other tacky fees.  However, high gas prices influence the industry as a whole.   They dictate how and where firms place their human capital, whether or not they can reach beyond state lines, and serve as one of the drivers to incorporate service of process out of the real world and into the virtual one.

 

Other factors are behind this push as well.  There is mixed opinion as to whether service of process will ever be logistically doable through email.  It’s easy to see why some would favor it: less paperwork, lower overhead, less competition from private firms, interstate and international reach.

 

Colorado state law makes exceptions to in-person service “only in actions affecting specific property or status or other proceedings in rem.” (Rule 4 (g)) Mail is required to be registered or certified, and publication needs to be in a newspaper of the county in which action is pending.

 

The United States Bankruptcy Court in the District of Colorado has made no secret of its desire to eliminate paper from its caseload.  It has even required that agents who submit more than one proof of claim per week to do so electronically.  Federal courts have even allowed service of process by email to be valid in those cases where prior, reasonable attempts were made in-person.

 

Is it only a matter of time before the laws are squared – before “newspaper” is broadly defined as any web site that claims to serve the public, or certified mail is broadly defined to include read-notification emails?  Will there ever be a time when the courts can confidently say that due process was upheld via email in civil or criminal cases?

 

The pitfalls of this future are numerous; a few of the major hurdles include:

 

  1. As of yet, it is impossible to verify the intended recipient has actually read the email or seen the online publication amongst the hundreds of thousands that inhabit the internet.

 

  1. Companies and individuals will not readily adjust their Firewalls to accommodate agents acting on behalf of those making claims against them.

 

  1. A significant portion of defendants will always be disadvantaged when it comes to computer access or computer literacy, for whatever reason.

 

One factor that has always – and will always – present a challenge to the process server profession is the ignorance of the general public when it comes to service of process.  I could be optimistic here and say there is a possibility that awareness can be raised and widespread education will ensue, but I think that would be a tad myopic.

 

There are people who believe that if they avoid any physical interaction with the process server the court will just give up and shrug, “never mind.”

 

More dangerously, there are those who believe that when a process server knocks on their door, if they do it often and loudly, they are trespassing and are subject to the same consequences as a robber caught in the middle of their living room.

 

Like most aspects involving the legal process, wisdom comes mostly from having to go through the experience firsthand, although it is fair to say your average defendant is not going to greet court papers guns a’ blazing.

Serving Notice the Right Way – Professional Process Servers

Serving Notice the Right Way

Minimize Time and Energy with Professional Process Servers

Reliable Denver process servers know the court filing process is often the most crucial element in legal disputes.  When service of process is executed properly, it can be an effective bulwark against civil cases needlessly going through a costly and consuming trial.  When a settlement cannot be reached, affidavits must be able to withstand scrutiny.

For example, Rule 304 (h) in the Colorado Rules of County Court Civil Procedure states in reference to Amendment of proof of service:

At any time in its discretion and upon such terms as it deems just, the court may allow any summons or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the summons issued.

The consequence of an incomplete or flawed affidavit usually falls to the party making the complaint; as the court must show that its actions cannot be interpreted as material prejudice against the party that has been served.

When it comes to process serving in Colorado, the only way to be sure to avoid unnecessary risk is to go with the people who know the importance of meeting their client’s long term needs.

Cost saving in the short term is also important.  Timing is everything, and professional process servers work with their client’s schedule.  Rush Service, Priority Service, and Same Day Service are options that are not available unless it is through a company with infrastructure and experience.

Court officers work on their own schedule, and oftentimes, a client will pay more in fees, mileage, and “Actual Expenses” for less timely service of process.  When one considers the additional costs of waiting, not choosing professional process servers really starts to add up.

Professional process serving exists to remove a burden.  In a legal dispute, there are plenty of other factors to worry about.

Domestic Violence Process Service

During divorce, domestic violence restraining orders, custody issues, you may need to have someone you know served with papers.

Not only is it illegal to serve these papers yourself, you probably don’t want anyone else you both may know serving these papers either.  This is a perfect case of needing a process server.  Allowing a 3rd party to deliver an order of protection or other document may alleviate emotional stresses and create another (sometime much needed) barrier between the parties.

If you have questions about domestic violence protection orders, please review the information here.

What is Process Service?

So what is Process Service, anyway?
Process Service is a procedure designed to give notice to a person or corporation that they need to be aware of a court (civil, criminal, or administrative) action. There are specific rules about who can serve, how they can serve, and ultimately what counts as service. You can read about the Colorado rules in our previous posts.
When you are served, you are given notice of a court action that you can then deal with. If you have someone else served, the court knows that they have been given notice. That way if they don’t respond or show up, the court can proceed knowing that that person had their opportunity.

Colorado Rules of Civil Procedure Regarding Process Serving

December 14, 2010 1 comment

The Colorado Rules of Civil Procedure provide for the way in which service of process can be achieved in Colorado courts. It’s good to know what the actual rules are, not just “what you’ve heard”.

Please note that while we have attempted to make sure that this is up to date, the rules are subject to change. This is intended for informational purposes only, and is not meant to constitute legal advice. If you have questions, please seek the advice of an attorney.

Colorado Rules Of Civil Procedure

Rule 4. Process

(a) To What Applicable. This Rule applies to all process except as otherwise provided by these rules.

(b) Issuance of Summons by Attorney or Clerk. The summons may be signed and issued by the clerk, under the seal of the court, or it may be signed and issued by the attorney for the plaintiff. Separate additional or amended summons may issue against any defendant at any time. All other process shall be issued by the clerk, except as otherwise provided in these rules.

(c) Contents of Summons. The summons shall contain the name of the court, the county in which the action is brought, the names or designation of the parties, shall be directed to the defendant, shall state the time within which the defendant is required to appear and defend against the claims of the complaint, and shall notify him that in case of his failure to do so, judgment by default may be rendered against him. If the summons is served by publication, the summons shall briefly state the sum of money or other relief demanded. The summons shall in the signature element thereof, contain the name, address, and registration number of the plaintiff’s attorney, if any, and if not, the address of the plaintiff. Except in case of service by publication under Rule 4(g) or when otherwise ordered by the court, the complaint shall be served with the summons, and in all other cases service of a summons alone after the effective date of this amended rule shall not constitute service of process. In any case, where by special order personal service of summons is allowed without the complaint, a copy of the order shall be served with the summons.

(d) By Whom Served. Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen years, not a party to the action;

(e) Personal Service. Personal service shall be as follows:
(1) Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to the person, or by leaving a copy or copies thereof at the person’s usual place of abode, with any person over the age of eighteen years who is a member of the person’s family, or at the person’s usual place of business, with the person’s secretary, bookkeeper, manager, or chief clerk; or by delivering a copy to an agent authorized by appointment or by law to receive service of process;
(2) Upon a natural person, between the ages of thirteen years and eighteen years, by delivering a copy thereof to the person and another copy thereof to the person’s father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be; or with whom the person resides, or in whose service the person is employed; and upon a natural person under the age of thirteen years by delivering a copy to the person’s father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be.
(3) Upon a person for whom a conservator has been appointed, by delivering a copy thereof to such conservator;
(4) Upon a partnership, or other unincorporated association, by delivering a copy thereof to one or more of the partners or associates, or a managing or general agent thereof;
(5) Upon a private corporation, by delivering a copy thereof to any officer, manager, general agent, or registered agent. If no such officer or agent can be found in the county in which the action is brought, such copy may be delivered to any stockholder, agent, member, or principal employee found in such county. If such service is upon a person other than an executive officer, the secretary, general agent, or registered agent, then the clerk shall mail a copy thereof to the corporation at its last known address, at least twenty days before default is entered;
(6) Upon a municipal corporation, by delivering a copy thereof to the mayor, city manager, clerk, or deputy clerk of such corporation;
(7) Upon a county, by delivering a copy thereof to the county clerk, chief deputy, county commissioner, or designee authorized to accept service of process;
(8) Upon a school district, by delivering a copy thereof to the superintendent or to any other employee authorized to accept service of process;
(9) Upon the state by delivering a copy thereof to the attorney general, or to any employee in his office designated by him to accept service of process;
(10) (A) Upon an officer, agent, or employee of the state, acting in his official capacity, by delivering a copy thereof to the officer, agent, or employee, and by delivering a copy to the attorney general, or to any employee in his office designated by him to accept service of process.
(B) Upon a department or agency of the state, subject to suit, by delivering a copy thereof to the principal officer, chief clerk, or other executive employee thereof, and by delivering a copy to the attorney general, or any employee in his office designated by him to accept service of process.
(C) For all purposes the date of service upon the officer, agent, employee, department, or agency shall control, except that failure to serve copies upon the attorney general within three days of service upon the officer, agent, employee, department, or agency shall extend the time within which the officer, agent, employee, department, or agency must file a responsive pleading for sixty days beyond the time otherwise provided by these Rules.

(f) [RESERVED]

(g) Other Service. Service by mail or publication shall be allowed only in actions affecting specific property or status or other proceedings in rem. The party desiring service of process by publication or mail shall file a motion verified by the oath of such party or of someone in the party’s behalf for an order of service by mail or publication. It shall state the facts authorizing such service, and shall show the efforts, if any, that have been made to obtain personal service and shall give the address, or last known address, of each person to be served or shall state that the address and last known address are unknown. The court shall hear the motion ex parte and, if satisfied that due diligence has been used to obtain personal service or that efforts to obtain the same would have been to no avail, shall:
(1) Order the clerk to send by registered or certified mail a copy of the process addressed to such person at such address, requesting a return receipt signed by the addressee only. Such service shall be complete on the date of the filing of the clerk’s proof thereof, together with such return receipt attached thereto signed by such addressee, or
(2) Order publication of the process in a newspaper published in the county in which the action is pending. Such publication shall be made for four weeks. Within fifteen days after the order the clerk shall mail a copy of the process to each person whose address or last known address has been stated in the motion. Service shall be complete on the day of the last publication. If no newspaper is published in the county, the court shall designate one in some adjoining county.

(h) Manner of Proof.
(1) If served in a state or territory of the United States by a sheriff or United States marshal, or a deputy, by such person’s certificate with a statement as to date, place, and manner of service;
(2) If by any other person, by the person’s affidavit thereof, with the same statement;
(3) If by mail, by the certificate of the clerk showing the date of the mailing, and the date the clerk received the return receipt;
(4) If by publication, by the affidavit of publication, together with the certificate of the clerk as to the mailing of copy of the process where required;
(5) By the written admission or waiver of service by the person or persons to be served, duly acknowledged.

(i) Waiver of Service of Summons. A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

(j) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process is issued.

(k) Refusal of Copy. If a person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the process knows or has reason to identify the person who refuses to be served, identifies the documents being served and offers to deliver a copy of the documents to the person who refuses to be served.
Source: Entire rule amended and adopted, April 30, 1997, effective July 1, 1997.
Cross references: For service of process upon any person subject to the jurisdiction of the courts of Colorado, see § 13-1-125; for subpoenas, see C.R.C.P. 45; for attachments, see C.R.C.P. 102; for garnishments, see C.R.C.P. 103; for replevin, see C.R.C.P. 104; for performance of the duties of the sheriff by the coroner when the former is a party to the action, see § 30-10-605; for publication of legal notices, see part 1 of article 70 of title 24; for certificates made in name of officer, see C.R.C.P. 110(c); for parties, see C.R.C.P. 17 to 25.

The Federal Rules of Civil Procedure provide for the way in which service of process can be achieved in Federal courts It’s good to know what the actual rules are, not just “what you’ve heard”.

Please note that while we have attempted to make sure that this is up to date, the rules are subject to change. This is intended for informational purposes only, and is not meant to constitute legal advice. If you have questions, please seek the advice of an attorney.

Federal Rules Of Civil Procedure

Rule 4
(a) Contents; Amendments.
(1) Contents.
A summons must:
(A) name the court and the parties;
(B) be directed to the defendant;
(C) state the name and address of the plaintiff’s attorney or — if unrepresented — of the plaintiff;
(D) state the time within which the defendant must appear and defend;
(E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;
(F) be signed by the clerk; and
(G) bear the court’s seal.
(2) Amendments.
The court may permit a summons to be amended.
(b) Issuance.
On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons — or a copy of a summons that is addressed to multiple defendants — must be issued for each defendant to be served.
(c) Service.
(1) In General.
A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.
(2) By Whom.
Any person who is at least 18 years old and not a party may serve a summons and complaint.
(3) By a Marshal or Someone Specially Appointed.
At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916.
(d) Waiving Service.
(1) Requesting a Waiver.
An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must:
(A) be in writing and be addressed:
(i) to the individual defendant; or
(ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to
receive service of process;
(B) name the court where the complaint was filed;
(C) be accompanied by a copy of the complaint, 2 copies of a waiver form, and a prepaid means for returning the form;
(D) inform the defendant, using text prescribed in Form 5, of the consequences of waiving and not waiving service;
(E) state the date when the request is sent;
(F) give the defendant a reasonable time of at least 30 days after the request was sent — or at least 60 days if sent to the defendant outside any judicial district of the United States — to return the waiver; and
(G) be sent by first-class mail or other reliable means.
(2) Failure to Waive.
If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses.
(3) Time to Answer After a Waiver.
A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent — or until 90 days after it was sent to the defendant outside any judicial district of the United States.
(4) Results of Filing a Waiver.
When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.
(5) Jurisdiction and Venue Not Waived.
Waiving service of a summons does not waive any objection to personal jurisdiction or to venue.
(e) Serving an Individual Within a Judicial District of the United States.
Unless federal law provides otherwise, an individual — other than a minor, an incompetent person, or a person whose waiver has been filed — may be served in a judicial district of the United States by:
(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the individual personally;
(B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
(f) Serving an Individual in a Foreign Country.
Unless federal law provides otherwise, an individual – other than a minor, an incompetent person, or a person whose waiver has been filed – may be served at a place not within any judicial district of the United States:
(1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice:
(A) as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatory or letter of request; or
(C) unless prohibited by the foreign country’s law, by:
(i) delivering a copy of the summons and of the complaint to the individual personally; or
(ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or
(3) by other means not prohibited by international agreement, as the court orders.
(g) Serving a Minor or an Incompetent Person.
A minor or an incompetent person in a judicial district of the United States must be served by following state law for serving a summons or like process on
such a defendant in an action brought in the courts of general jurisdiction of the state where service is made. A minor or an incompetent person who is not
within any judicial district of the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3).
(h) Serving a Corporation, Partnership, or Association.
Unless federal law provides otherwise or the defendant’s waiver has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or
(B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and — if the agent is one authorized by statute and the statute so requires — by also mailing a copy of each to the defendant; or
(2) at a place not within any judicial district of the United States, in any manner prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(i).
(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees.
(1) United States.
To serve the United States, a party must:
(A)
(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought — or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk — or
(ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney’s office;
(B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in an Official Capacity.
To serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.
(3) Officer or Employee Sued Individually.
To serve a United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf (whether or not the officer or employee is also sued in an official capacity), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g).
(4) Extending Time.
The court must allow a party a reasonable time to cure its failure to:
(A) serve a person required to be served under Rule 4(i)(2), if the party has served either the United States attorney or the Attorney General of the United States; or
(B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or employee.
(j) Serving a Foreign, State, or Local Government.
(1) Foreign State.
A foreign state or its political subdivision, agency, or instrumentality must be served in accordance with 28 U.S.C. § 1608.
(2) State or Local Government. A state, a municipal corporation, or any other state-created governmental organization that is subject to suit must be served by:
(A) delivering a copy of the summons and of the complaint to its chief executive officer; or
(B) serving a copy of each in the manner prescribed by that state’s law for serving a summons or like process on such a defendant.
(k) Territorial Limits of Effective Service.
(1) In General.
Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located;
(B) who is a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or
(C) when authorized by a federal statute.
(2) Federal Claim Outside State-Court Jurisdiction.
For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if:
(A) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and
(B) exercising jurisdiction is consistent with the United States Constitution and laws.
(l) Proving Service.
(1) Affidavit Required.
Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server’s affidavit.
(2) Service Outside the United States.
Service not within any judicial district of the United States must be proved as follows:
(A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or
(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee.
(3) Validity of Service; Amending Proof.
Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended.
(m) Time Limit for Service.
If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1).
(n) Asserting Jurisdiction over Property or Assets.
(1) Federal Law.
The court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule.
(2) State Law.
On a showing that personal jurisdiction over a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons under this rule, the court may assert jurisdiction over the defendant’s assets found in the district. Jurisdiction is acquired by seizing the assets
under the circumstances and in the manner provided by state law in that district.

Elite Process Service in Denver Colorado

Welcome to Elite Process Service’s blog! We’re here to handle all of your process service needs, as well as answer any questions you may have about the process service world.

Check our my website here – http://www.processservicecolorado.com