Colorado Small Claims case
I have a small claims case in Colorado and after 3 attempts to serve the defendant I was not successful. I want to ask the judge for an alternate method of serving or to hear the case without. Is this the correct strategy/procedure or is there any other option?
Background - I am landlord and only had the defendant's work address to serve. Used 2 3rd party servers and neither was successful. One made numerous attempts and made numerous phone calls/voicemails and documented in affidavit. 3rd attempt was through the court via certified mail, also unsuccessful. Skip trace did not reveal current address.
I have continued the case 3 times now and I had previously contacted one of the admin's in the civil division and he told me that I had made a reasonable effort and I should just tell the judge and he may just hear the case without service. I thought this was incorrect and the last process server told me to request judge to do public notice for service on the date of the trial which will postpone the date another 2 weeks or so.
Any other suggestions? I have all my evidence and documents ready to go for the trial but just want to get a judgement. Follow-up question - if I get a default judgement against defendant, I have his employer, bank, and ssn info, can i get court to make him fill out interrogatories if he is not present, or can judge issue a summons or court order to make him do it so i can garnish wages?
I have a small claims case in Colorado and after 3 attempts to serve the defendant I was not successful. I want to ask the judge for an alternate method of serving or to hear the case without. Is this the correct strategy/procedure or is there any other option?
Background - I am landlord and only had the defendant's work address to serve. Used 2 3rd party servers and neither was successful. One made numerous attempts and made numerous phone calls/voicemails and documented in affidavit. 3rd attempt was through the court via certified mail, also unsuccessful. Skip trace did not reveal current address.
I have continued the case 3 times now and I had previously contacted one of the admin's in the civil division and he told me that I had made a reasonable effort and I should just tell the judge and he may just hear the case without service. I thought this was incorrect and the last process server told me to request judge to do public notice for service on the date of the trial which will postpone the date another 2 weeks or so.
Any other suggestions? I have all my evidence and documents ready to go for the trial but just want to get a judgement. Follow-up question - if I get a default judgement against defendant, I have his employer, bank, and ssn info, can i get court to make him fill out interrogatories if he is not present, or can judge issue a summons or court order to make him do it so i can garnish wages?