Denver, CO asked in Family Law for Colorado

Q: ls a court summons severed to the wrong person that also does not live here a legal summons?

Saturday afternoon l had a process server come to my door and said do the LaGasse's live here. l said yes. he gave me an envelope and turned around and mentioned my son Joshua's name as he walked away. L don't have very good hearing. lt was a very confusing moment. He did not ask who l was or identify himself. l live in Delta Co. my son moved to Bend Oregon 10 months ago. Thank You

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1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Louisville, CO
  • Licensed in Colorado

A: Service on a family member who lives here is valid. So, IF your son lived there, that would be valid service on him. Since he does not live there, it is not good service. The PROBLEM is that the return of service will state that it was served on a family member who lived with your son. The court will enter judgment if your son does not file a response to the suit. One response could be to challenge the service. Your son should get a lawyer to help him with this.

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