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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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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.

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.