Colorado Service of Process Rules
Colorado
State Serve Rules
Additional Rules
Additional rules - Servers
- Subservice is only permitted if related by blood or marriage and must accept, cannot be by refusal, No co-resident, etc
- RA: Must serve RA personally or assistant to RA
- Cannot serve a PO Box
- Drop/Refusal service is determined by client policy
Affidavit
Notary
Not Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Serve care/custody only
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Facility-specific policy
Service to a minor
Age 13-17, individual and guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
18
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
1
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
§13-40-107, C.R.S.
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
1
Proof Specialists
Server/Marshal Required?
Server
**Civil Subpoenas must be personally served.**
**Can serve on Sundays**
**INDIVIDUAL**
+ Personal
+ Residential Sub Serve to person 18+ who is member of family
+ Workplace Sub Serve to defendant’s supervisor, secretary, administrative assistant, bookkeeper, human resources representative or managing agent
+ Refusal by identifying documents, offering to deliver them and then leaving the documents in a conspicuous place
+ Upon minor 13-17 years old by delivering to minor and also to father, mother, or guardian
+ Jail service to the person who has the care, custody, or control of individual
**BUSINESS ENTITIES (Inc., LLC, partnership etc.)**
+ Registered Agent, Officer, Partner, Manager, Owner, Member or similar title or Assistant to any of these.
+ If Registered Agent not available at address in Colorado Secretary of State paperwork, can mail to entity at the address for Registered Agent as found in Colorado Secretary of State.
**GOVERNMENTAL ENTITIES**
+ City: to mayor, city manager, clerk, or deputy clerk
+ County: county clerk, chief deputy, or county commissioner
+ School District: Superintendent
+ State Department or Agency: principal officer, chief clerk, or other executive employee thereof, and by delivering a copy to the attorney general
**Notary:** Not Required
**Hybrid Serve (CO HB24-1098)**
Colorado State law requires the following for this job type:
+ Two (2) Personal Attempts Must Be Attempted on Separate Days.
+ If the second personal attempt is unsuccessful, posting is permitted at that time.
+ Residential Substituted service permitted for a member of the tenant’s family above the age of fifteen years.
**Post Serve**
+ One posting done in 48 hours. This applies to HOA type documents (i.e., Association Owner Statement), Complaints, Foreclosures and Eviction Complaints.
