Understanding this requires knowing the law governing service in Colorado which is specified in Rule 4 of the Colorado Rules for Civil Procedure which, in relevant part to most consumer debtors, states the service can served upon the following persons:

“ ..a natural person over the age of eighteen years by delivering a copy of copies thereof to the person (THIS MEANS PERSONALLY DELIVERED, LANUAGE IN PARANTHESIS ADDED) or at the person’s usual place of abode, with any person over the age of eighteen who is a member of the person’s family, or at the person’s usual place of business, with the person’s secretary, bookkeeper, manager, or chief clerk; or be delivering a copy to an agent authorized by appointment or by law to receive service of process”

What this means:
* They can’t leave it on your door; they have to deliver it personally
* They can’t leave with a friend or roommate
* They can’t leave it with a child or someone is under 18 even if they appear to be over 18
* If they leave it with someone at work, there is a solid argument to invalidate it, especially if you don’t have your own assistant or clerk (Co-workers DO NOT COUNT)
* Minors can’t be legally served

If you claim personal service does was not properly served, the process server must provide proof that it was indeed valid and proper. This is not easy to do in many cases. Acceptable proof according to the Rule 4 takes the follow forms:

1) “If served in a state or territory of the United States by a sheriff or United States Marshall or a deputy (Which is not common in urban areas such as Denver) by such person’s certificate with a statement as to date, place and manner of service;
2) “If by any other person (i.e. Process Server) by the person’s affidavit thereof with same statement”

What this means:
The statement referred to in Rule 4 means that the person serving the summons typically records a physical description of the person being served and the particular circumstances of the service (time, location, etc.) They then sign an affidavit that it’s all true. Without such description, the summons is subject to attack and the process server can be called to court…and they don’t get paid for that. So the good process servers document their serves in great detail. Some even record them.

The affidavit is then returned to the suing attorney and the court date is soon thereafter put on the docket. If you don’t show up on your assigned court date, which you won’t if you never received the summons, a default judgment will enter against you and then you are suddenly subject to garnishment without any warning.

All too often these affidavits, that are key to a valid default judgment, are bogus. How can that be? There a lot of reasons but a key to understanding how this can happen, I think, is understanding the job of process servers. Being a process server is not for everyone. In fact, many people don’t like it and turnover in this line of work is high. Check out craigslist under the legal section…they are always listings for process services. Another thing you need to understand is that process servers are not paid by the hour….they are paid on a “per successful serve basis” In other words, they can’t serve you they don’t get paid.

These two dynamics lead to a lot of improper services. When a process server knows he or she is likely to quit, they are more likely to file bogus affidavits in order to get paid one final, big paycheck.

What happens if this happens? You can file (or I can help you file a motion) with the court to invalidate the judgment based on improper or lack of service. The other side, in response, then has the produce a witness and documentation to prove that it was indeed proper. But guess what? There is a good chance that server no longer works there and cannot or will not provide the needed testimony/documentation. And if so, the judgment will be invalidated. And then you get your money back. And more time.

Some final thoughts: What if you never open your door…i.e. refuse to take service. Rule 4 deals with that, too, stating as follows:

“If a person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the process knows or has reason to identify the person who refuses to be served, identifies the documents being served and offers to deliver a copy of the documents to the person who refuses to be served”

What this means:
You can’t escape service so easily by not answering the door. But never open the door and never identify yourself or the fact that you live with the person (even if yourself); Ask them if they are a process server. If they deny it, they can’t claim refusal of service. Further, simply state you don’t know the person attempting to be served and that to the best of your knowledge that don’t live there.

If they leave it on the door in any case, they are setting up a claim of refusal and probably filed an affidavit of service and you could be on the docket. Therefore, once he leaves, take the summons and mail via certified mail to the suing attorney stating service was improper under Rule 4 and that a filing of case in light of attorney’s knowledge could be a violation of the FDCPA (The Fair Debt Collection and Protection Act)…that will likely stop them in their tracks.
One final note: Even if you invalidate service and get you money back, they can serve you again but know you have a whole host of other delay tactics at your disposal to prevent garnishment…and retaining an attorney is key to employing them.