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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 114690
Experience:  Attorney experienced in commercial litigation.
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I am filing a small claims court case against Bank of

Customer Question

I am filing a small claims court case against Bank of America for the maximum $7500 in Colorado. I need the specific registered entity to file in Weld County Colorado.
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 8 months ago.
They do not have a registered agent in Weld County, their agent is National Registered Agents, Inc., 1675 Broadway, Suite 1200, Denver, CO 80202, United States. Since they are physically located in Weld County, you can sue in small claims there, but you need to serve their registered agent in Denver.
Customer: replied 8 months ago.
what do you mean they are physically located in Weld County?
How do I serve in Denver? Doesn't that mean that I have to sue in Denver?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
It means they have a physical branch location you are suing in Weld County, but their registered agent takes service from anywhere in Colorado, because they are the only registered agent for BoA in Colorado.
Customer: replied 8 months ago.
but then if I sue in Weld County, who will serve them in Denver?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
You would have to serve them in Denver hiring a professional process server there in Denver to serve them.
Customer: replied 8 months ago.
doesn't the court serve them?
Expert:  Law Educator, Esq. replied 8 months ago.
The court generally serves them only if they are in Weld County and they can and will serve the manager at the bank branch you are suing. But you still need to serve the registered agent to have proper service and you would need to use a server in Denver to serve them.
Customer: replied 8 months ago.
why don't i just file in Denver, then I won't have the extra expense of hiring someone to serve them?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
You can file in Denver if you would like to do so, that is your choice.

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