Arvada, CO asked in Civil Litigation for Colorado

Q: Court Process Server question.

I received a call from a court process server stating he was at my apartment to serve me legal documents. I was unfortunately not home, and called him back as soon as I got the voicemail. We spoke and he stated he would put me on his schedule for the following day at 1PM. I waited and he never showed up. At that point I tried calling him and it went to a generic voicemail. I waited a bit longer and sent him 2 text messages stating that I would like to get this taken care of and to please let me know when he would be by so that I could be available. I received no response. It is now two days later and I tried calling again this morning and received no answer. I feel that he is intentionally trying to cause emotional distress by informing me I have paperwork to be served and then not showing up at an agreed upon time or returning my texts/calls. What should I do?

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1 Lawyer Answer

A: You should wait to be contacted again. Many things could have happened to prevent the process server from coming at the pre-arranged time. That being said, it wouldn't hurt to check with the court to see if something has been filed stating either that you were served (even though you know you weren't) or that you are evading service (even though you know that you aren't).

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