Being served with legal documents can be an unsettling experience, especially if you’re unfamiliar with the legal process. Whether you’re facing a lawsuit, receiving a subpoena, or being notified of a court proceeding, it’s important to understand your rights and responsibilities. If you live in Denver or the surrounding areas, taking the right steps after being served can help you navigate the legal process effectively and avoid serious consequences.
Step 1: Carefully Review the Documents
The first thing you should do is read through all the legal documents carefully. The papers you receive may include:
- Summons – This document notifies you that you are being sued and provides a deadline to respond.
- Complaint or Petition – This outlines the plaintiff’s claims against you and the relief they are seeking.
- Subpoena – A court order requiring you to appear in court or provide certain documents.
- Other Legal Notices – Depending on the case, you may receive additional attachments, such as motions or evidence.
Understanding what these documents mean is crucial. If you’re unsure about any part of the paperwork, consider consulting an attorney as soon as possible.
Step 2: Take Note of Your Response Deadline
In Colorado, the deadline to respond depends on the type of case and where it is filed.
- For most civil cases, you have 21 days from the date of service to file a response in Colorado state courts.
- If the case was filed in federal court, you generally have 30 days to respond.
- In small claims court, you typically need to appear in court on the date listed in the summons—no written response is required.
Failing to respond by the deadline could result in a default judgment, meaning the court could rule in favor of the plaintiff without hearing your side of the case. This could lead to wage garnishment, property liens, or other legal actions against you.
Step 3: Determine How You Want to Respond
Once you understand the nature of the case and your deadline, you need to decide how to respond. Your options include:
- Filing an Answer – This is your formal response to the complaint, where you can admit or deny the allegations and present defenses.
- Filing a Motion to Dismiss – If you believe the lawsuit is legally invalid (such as being filed in the wrong jurisdiction or lacking merit), you may request that the court dismiss the case.
- Negotiating a Settlement – If you want to resolve the case without going to court, you may attempt to reach a settlement with the plaintiff.
- Ignoring the Case (Not Recommended) – If you fail to respond, the plaintiff may obtain a default judgment against you.
If you’re unsure about the best course of action, consulting a Denver-based attorney can help you evaluate your options.
Step 4: Consider Hiring an Attorney
While you have the right to represent yourself (pro se representation), hiring an attorney is highly recommended in complex cases. A lawyer can:
- Explain your legal options.
- Draft and file court documents correctly.
- Ensure compliance with Colorado’s legal procedures.
- Represent you in court and negotiate settlements if needed.
If you cannot afford an attorney, Colorado Legal Aid or other nonprofit legal services may be able to assist you.
Step 5: Prepare for the Legal Process
If your case moves forward, you may need to participate in:
- Discovery – A process where both sides exchange evidence and information. This may include written questions (interrogatories), requests for documents, and depositions.
- Pretrial Hearings – These hearings address procedural issues and set timelines for the case.
- Mediation or Settlement Conferences – Many cases are settled outside of court through negotiation.
- Trial – If no settlement is reached, the case may proceed to trial, where a judge or jury will decide the outcome.
What Happens if You Ignore the Legal Documents?
Ignoring a lawsuit or subpoena will not make it go away. If you fail to respond:
- The plaintiff can request a default judgment against you.
- The court may issue a warrant if you ignore a subpoena or court order.
- You could face wage garnishment, asset seizure, or other penalties.
To avoid serious legal and financial consequences, take immediate action after being served.
How Accurate Serve® of Denver Can Help
At Accurate Serve® of Denver, we specialize in professional process serving, ensuring that legal documents are delivered correctly and in compliance with Colorado law. While we do not provide legal advice, our team is here to assist attorneys, businesses, and individuals with:
- Timely and accurate service of process
- Document retrieval and court filing assistance
- Skip tracing to locate hard-to-find individuals
- Diligent search efforts for missing parties
Need Help Serving Legal Documents in Denver?
If you need process serving in Denver, Aurora, Boulder, or surrounding areas, trust Accurate Serve® to get the job done right. Contact us today at (303) 501-7121 or send us a work request online. We’re here to support your legal needs with reliable, professional service!
