Posted December 8, 2014 in General
Process servers in Colorado, are being denied the ability to effect service of process on individuals at the workplace with more frequency.
In speaking with Legal Counsel for a Corporation in Denver, I was told businesses are refusing to allow service of process at the workplace due to the liability of not getting the document to the employee, in a timely manner. The attorney cited a recent Colorado lawsuit, in which a company failed to get the documents to the employee in a timely manner, which resulted in a judgment against the employee. The employee sued the company, citing the company’s action or lack thereof violated his right to due process.
The solution is simple, request a person able to accept service of process for the employee, obtain their name and position prior to stating your purpose and if they deny you access to the employee, serve the person by refusal and leave a copy of the documents. This solution does not apply to secure buildings.
The Colorado Rules of Civil Procedure allows for service to an individual at the workplace, companies are able to forward the documents to the employee in any fashion upon receipt, i.e. email, fax or call the person to pick up the documents.