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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 12954
Experience:  B.A.; M.B.A.; J.D.
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My ex and I are named in a Small Claims summons from a contractor

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My ex and I are named in a Small Claims summons from a contractor regarding a dispute over painting and drywall work in a provate residence. Our divorce was 2 years ago and we changed the deed from joint tenancy to tenants in common. My ex had been working to leave the state for several years and gave notice at work in early August and advised me she would vacate the house September 4th. She lived there, I had moved out 2 years ago. Contractor stated work was completed September 2 and demanded immediate payment of balance. House was not cleaned post construction and work was improperly done so we requested a discussion to resolve the cleaning and completion. When they did not receive the balance September 2 they filed in Small Claims on September 3rd. She moved out of state September 4th, a decision made long before the contract was initiated or signed. She was never "served". I was properly served and am preparing for Small Claims Court.

Colorado law, regulations, apparently defines personal service as: 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;

By this definition, as are we considered "unincorporated associates", as we are tenants in common and are both parties to the contract? And if Yes, is she then considered served as a copy was served to me? Her position is that she was not served and has no intention of returning to Colorado for the Small Claims Court. Are there ramifications if she is considered served and does not show up or is my presence sufficient?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 11 months ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


My ex and I are named in a Small Claims summons from a contractor regarding a dispute over painting and drywall work in a provate residence. Our divorce was 2 years ago and we changed the deed from joint tenancy to tenants in common. My ex had been working to leave the state for several years and gave notice at work in early August and advised me she would vacate the house September 4th. She lived there, I had moved out 2 years ago. Contractor stated work was completed September 2 and demanded immediate payment of balance. House was not cleaned post construction and work was improperly done so we requested a discussion to resolve the cleaning and completion. When they did not receive the balance September 2 they filed in Small Claims on September 3rd. She moved out of state September 4th, a decision made long before the contract was initiated or signed. She was never "served". I was properly served and am preparing for Small Claims Court.

Colorado law, regulations, apparently defines personal service as: 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;


By this definition, as are we considered "unincorporated associates", as we are tenants in common and are both parties to the contract?



Response 1:
No, you are not. You are natural persons. So, your ex is correct. She was not served. So, she does not need to appear.



And if Yes, is she then considered served as a copy was served to me?



Response 2: See my previous response.


Her position is that she was not served and has no intention of returning to Colorado for the Small Claims Court. Are there ramifications if she is considered served and does not show up or is my presence sufficient?



Response 3: She was not served. So, she does not need to appear or file an answer when she was not served. There is no repercussion for her. However, if the contractor obtains Default Judgment against her by making false Proof of Service on her to the Court, then she would have to file a Motion to Vacate the Judgment for lack of Service. See Form JDF 253 on the list of forms. She must be served in order to respond to the Complaint.


Your presence may be sufficient since you are being sued jointly and if the Complaint alleges the same things against you and her.

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12954
Experience: B.A.; M.B.A.; J.D.
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