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  1. #1
    tigger_1994 is offline Junior Member
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    Unhappy Need Advice on Serving Papers

    What is the name of your state? CO

    I need information on how i can serve papers (small claims)to a defendent that is hiding. I had papers served to her on 12/2 and on 12/4 got the papers back from the sheriff saying that the person said that she no longer resides at the address and has no forwarding address. We called the roommate on 12/4 to see what was going on. He said that on 12/3 she moved out. Now I don't know her address of where she moved to.
    I do know the address of where her father lives. Could i do a substitute service and have him served on her behalf?? If he doesn't accept it could I leave the papers on his door??
    I need some advice on how to go about serving her when the defendant is trying to hide from me. What can i do????
    Any info would be appreciated!
    Thanks!!
  2. #2
    BelizeBreeze is offline Senior Member
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    Do you know where she works?
  3. #3
    tigger_1994 is offline Junior Member
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    No, she doesn't work.
  4. #4
    azgrandpa is offline Member
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    Call your court and ask the court clerk if "Public Notice" is acceptable. If they won't tell you, then ask for a copy of the court rules. It will indicate the acceptable methods of Notice.
  5. #5
    tigger_1994 is offline Junior Member
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    Quote Originally Posted by azgrandpa
    Call your court and ask the court clerk if "Public Notice" is acceptable. If they won't tell you, then ask for a copy of the court rules. It will indicate the acceptable methods of Notice.
    I've tried that, i've looked up the court rules on the internet but have become very confused. I've tried to get an attorney for consultation on these questions and more but no attorney wants to talk to me because they won't make money off helping me with small claims. And the court clerk can't give out any legal advice and was no help except to say look it up or talk to an attorney.
    I've done both with no luck.
    I"m wondering, I know the defendent has a court date regarding another issue. Could i have her served there? Or she's using a public defender so could i have the papers served to him to give to her?
  6. #6
    stevek3 is offline Member
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    Quote Originally Posted by tigger_1994
    I've tried that, i've looked up the court rules on the internet but have become very confused. I've tried to get an attorney for consultation on these questions and more but no attorney wants to talk to me because they won't make money off helping me with small claims. And the court clerk can't give out any legal advice and was no help except to say look it up or talk to an attorney.
    I've done both with no luck.
    I"m wondering, I know the defendent has a court date regarding another issue. Could i have her served there? Or she's using a public defender so could i have the papers served to him to give to her?
    Service by publication, no matter the jurisdiction, is cost-prohibitive. I don't know if they permit it in Colorado, but don't even bother checking into it.

    Your last paragraph is some wise thinking. You can't serve the public defender, but you can direct whoever serves process to serve her during that court appearance. You should also keep an eye out on that particular docket and paper case file. They may identify her current residence, and maybe even her place of employment.
  7. #7
    tigger_1994 is offline Junior Member
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    Thanks for the advice. I'm going to try to get her served on her court date. Let's hope that she'll be there.

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