Archive for the ‘FAQ’s’ Category

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.

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.

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.