How to Serve Court Papers

If you file a claim against someone in court in Colorado, you must deliver copies of the court papers to them before the case can go forward. This is called service or serving the other side. Colorado law has exact rules for service. This guide explains the process, walks you through the steps, and provides tips for serving the other side in your case. 

What is service?

Service (also called service of process) is the official way court papers have to be delivered to the other side. Service is:

• The court’s way of making sure both sides in a case know what’s going on 
• The person who filed the case’s responsibility to complete
• The first step after filing a small claims case 

Remember: If you filed the case, you are called the plaintiff. The other person is called the defendant. 

What court papers have to be served?

You need to serve a copy of the forms you filed, exactly as they were when you filed them with the court, including your signature. This should include your Petition/Complaint, Summons, Case Cover Sheet, and a blank Answer Form.  

• If you are filing in small claims court, all of these documents are a part of JDF 250.
   

Court staff can help explain how service works. They will give you a copy of the paperwork to serve on the other person. The summons is a document that tells the other person that a legal claim is being made against them, the court the case is in, who is bringing the claim, and the deadlines they have to respond. 

Is personal service always required?

No, the other party can agree to accept the court papers without being formally served and sign a waiver of service. You still have to give them all the right court papers, and you have to file the signed waiver of service before your case can move forward.

What is a waiver of service?

A waiver of service is a legal statement the other party signs confirming they’ve received the court papers and agreeing not to be formally served. There is not a standard form to waive service except in family law cases in Colorado. You would need to either write a statement for the other person to sign or ask them to write it and sign it.  

What does signing a waiver of service mean?

• The person signing the waiver is confirming they have received a copy of the petition and summons.
• They are agreeing to not be officially served.
• Signing the waiver does not mean they agree with the claims in the court papers—just that they’ve received the court papers.

How do I serve papers to someone?

Once you have your court papers, there are 3 different ways to deliver them: 

1. Local sheriff’s department
   • You will be charged a fee. 
   • Call your local sheriff’s department to find out more. 
2. Private process server
   • You will be charged a fee. 
   • Private process servers can be found on the internet, or you can ask your local court for a list. 
3. A person who is at least 18 years old and not involved in the case

You have to give a copy of all the court papers to the person who serves papers for you.

Who is allowed to be served court papers?

If your legal claim is against a person:

• The court papers will be delivered to the defendant/respondent (see below if that person is under the age of 18).
• If the defendant/respondent is not there, the court papers can be given to any person that is 18 or older that is related to the defendant/respondent and lives in the same home. This can be a husband or wife, a sibling, an adult child, etc. 
• The court papers can also be delivered at the defendant’s/respondent’s workplace, but only to their direct supervisor, secretary, administrative assistant, bookkeeper, human resources representative, or managing agent. 
• If the defendant/respondent is between the ages of 13 and 18 years old, the court paperwork can be delivered directly to that underage person, but it must also be delivered to their parent or guardian, or if out of state, their current caretaker. 
• If the defendant/respondent is under the age of 13 years old, the court paperwork must be delivered to their parent or guardian, or if out of state, their current caretaker.

If your legal claim is against a company or business:

• Deliver the court documents to the company’s registered agent listed in the Colorado Secretary of State records (these can be searched for free online), or that person’s secretary or assistant. 
  • Other options include any officer, general partner, manager, member (generally someone who owns a portion of the company), trustee of a trust, or any of the above’s secretaries or assistants.

What happens after the court papers are served?

The person who delivers papers for you also has to complete JDF 98: Affidavit of Service that says they delivered the papers to the right person. In small claims court, the Affidavit of Service is page 7 of JDF 250. You must give this completed and signed Affidavit of Service to the court for your case to move forward.

What if I tried to have papers served on someone but it didn’t work?

If you try serving someone and they can’t be found, you can file a document with the court (referred to as a “motion”) explaining what you did to try to serve the court paperwork. You will need to explain: 

1. The efforts made to complete service of process,
2. Why it could not be done, 
3. The identity of the person you attempted to have served, and 
4. The last known residence or workplace address of the person to be served (if known).

The court will review the information you provided and decide if you have to keep trying to serve the person or if you should move on to the next steps. The court will formally respond to the motion. 

• The court may allow you to serve the other party by mail, publishing the case in the newspaper, or posting notice of the case at the courthouse. The court can order different things, so make sure you read any court orders carefully. 

If the defendant refuses the court paperwork, service of process can still be completed if the person delivering the court documents: 

• Knows or has reason to identify the person as the correct recipient
  and 
• Tells them what the documents are
  and
• Offers to deliver the documents to the intended recipient 
  and 
• Leaves copies of the documents somewhere they can be seen
  • For example, on the front door. 

What else should I know about serving court papers?

There are important timelines to follow: 

• In most Colorado civil cases, the defendant/respondent must be served within 63 days/9 weeks after filing the complaint. 
• If proper service of process is not done within the right timeframe, the court may set a new deadline or may dismiss the case “without prejudice,” which means the same claim can be brought again at a later time.
   

Begin the service process as soon as you can

• Service of process can take longer than you may think, so get your paperwork organized and contact a process server soon after filing a complaint.

Pay attention to your local court rules

• Each court can have its own rules and timelines. Visit your courthouse’s website or speak with the court clerk for more information. 

Need more help?

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.