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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118798
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I wanted to speak to someone that knows Colorado law

Customer Question

I wanted to speak to someone that knows Colorado law regarding process servers.
JA: Has anything been filed or reported?
Customer: Well I am a witness to a crime that took place. The other victim of the crime has filed a civil suit against the defendant. The defendant's attorney wants me to give a deposition. They have been trying to serve me at my parents house and they have been told that I dont live there but continue to try serving me.
JA: Was a subpoena served regarding testimony? Is this a civil or criminal case?
Customer: They have not personally served me. The other victim who has filed a civil suit said that they have to personally serve me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know if there is anything my parents can do to have these people stop going to their home. Also, would like to know the hours they are allowed to serve... They came by at 6:30am to try and serve me.
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Rule 4 of the Colorado Rules of Civil Procedure govern service of process. The party is to be served at their last known address or wherever found personally or through domiciliary service. If domiciliary service, it must be personally served on an occupant of the address where the party has had their last known address who is at least 18 years of age. See: http://www.cap10dave.com/process.pdf (Copy and paste link to browser, do not click it).
As far as them coming to your parent's house, if that was listed in public records as your last official address they have a right to try to serve you there. If you want them to stop coming to your parent's house, you need to either contact them and give them your correct address or agree to a waiver of service and to accept the service by mail.
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Customer: replied 2 months ago.
What are the hours that they are allowed to serve me? I know that they also tried serving me at the plaintiff's address and she had her attorney contact the defendant's attorney stating that I don't live there and that they need to stop trying to serve me. And they stopped. Can my parents do the same thing? I no longer live with my parents and if they want to serve me then they will need to come to my new address.
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

There are no restricted hours or days of service under Colorado law. So they can serve 24/7. Your parents can contact the plaintiff's attorney and inform them you do not live there and would have to provide them your new address for them to stop.

You can also contact the attorney and waive service and have them mail you the complaint,

Customer: replied 2 months ago.
The plaintiff has already contacted her attorney and told the defendant's attorney that I don't live there and they don't know where I live. Which is the truth. The process server and then the sherrifs department have been told by my parents on several occasions and also by the plaintiffs attorney that I don't live at my parents house, isn't this considered harassment and they need to stop going to my parents house?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

No it is not considered harassment I am afraid. You need to contact the process server or the plaintiff's attorney and make arrangements. They have a right to go to the last known address, especially because it is your parents and can be reasonably expected to be there at some point.

Customer: replied 2 months ago.
I am confused... how were they able to stop serving me at the plaintiff's house then? At one point I did have my mail going to her house but didn't live there. Also, I have a restraining order against the defendant, so how are they able to depose me?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
The difference is the Plaintiff is suing you, so if they say you are not there, it is their lawsuit. They are coming to your parents, which is a place where a defendant can be reasonably expected to visit. Even though you have a restraining order against the defendant, that does not include legal proceedings. So a person cannot avoid deposition or legal action by having a restraining order against the party suing them, the party can still pursue their legal rights in court and a deposition is done in front of a court reporter and any attorney's present.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 2 months ago.
No... I am a witness to the crime took place. The plaintiff is a friend of mine. The defendant wants to depose me because the plantiff listed me as a witness.
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply and the clarification.

The rules on service are the same, they must personally serve you the subpoena. The plaintiff can serve you at your last known address. Again if you want to stop them from going to your parent's house, since that is a place you are reasonably expected to frequent, you need to contact the attorney who issued the subpoena and give them your proper address to serve you or agree to accept the service by mail.

Expert:  Law Educator, Esq. replied 2 months ago.

However, even if you have a restraining order, again in legal proceedings the party still has a right to depose you and even question you in court.