Colorado State Process Service

$149 Routine - $199 Rush

In Colorado, the rules for service of process are primarily governed by the Colorado Rules of Civil Procedure (C.R.C.P.), specifically Rule 4. Below are the key aspects of service of process in Colorado:

Who Can Serve Process

• Adults: Any person who is at least 18 years old and not a party to the case.
• Sheriffs: Sheriffs or deputies in the county where the service is to be made.
• Private Process Servers: Registered or appointed private process servers.

Methods of Service

1. Personal Service
   • Delivery of a copy of the summons and complaint directly to the defendant.
   • If the defendant is an entity, service must be made to an officer, managing agent, or registered agent of the organization.
2. Substitute Service
   • Service can be made by leaving the documents with someone at the defendant's usual place of abode who is:
     • Over 18 years old,
     • A resident at that address,
     • And capable of accepting the service.
3. Waiver of Service
   • Defendants may waive formal service by accepting service voluntarily through acknowledgment.
4. Service by Mail
   • In certain cases, service by certified or registered mail with a return receipt is allowed (e.g., small claims).
5. Service by Publication
   • Allowed only with court approval after demonstrating that other methods of service were unsuccessful. Publication is typically in a newspaper where the defendant is last known to reside.

Special Situations

• Out-of-State Service: Service can be completed outside Colorado in the same manner as in-state service.
• Corporations or Entities: Serve the registered agent as listed with the Colorado Secretary of State. If unavailable, serve an officer or a person authorized to receive service.
• Minors or Incapacitated Persons: Serve the guardian or conservator.

Proof of Service

• The server must provide a return of service affidavit documenting:
  • Date, time, and place of service.
  • The method of service.
  • Description of the person served (if applicable).

Time to Respond

• Defendants generally have 21 days to respond after being served within Colorado.
• If served outside Colorado or via publication, the response time may be extended to 35 days.