On the list of embarrassing things, getting served with a lawsuit has to be near the top (right below having your ex show up at your wedding or losing control of a bodily function in public). But is it illegal?
Unfortunately, no.
According to Rule 4(e)(1) of the Colorado Rules of Civil Procedure, a lawsuit can be served:
Upon a natural person whose age is eighteen years or older by delivering a copy thereof to the person, or by leaving a copy thereof at the person’s usual place of abode, with any person whose age is eighteen years or older and who is a member of the person’s family, or at the person’s usual workplace, with the person’s secretary, administrative assistant, bookkeeper, or managing agent; or by delivering a copy to a person authorized by appointment or by law to receive service of process.
But a process server can’t give the lawsuit to just anyone at your job. They have to give it to “the person’s secretary, administrative assistant, bookkeeper, or managing agent.”
Want to avoid the embarrassment? If you know you’re being sued, arrange for service at home. If the process server can’t find you at home, and knows where you work, he’s probably going to show up there.
Peter Mullison is a bankruptcy attorney at Colorado Bankruptcy Law Group, LLC. If you are considering Chapter 7 or Chapter 13 personal bankruptcy, schedule your free, confidential bankruptcy consultation with a Colorado bankruptcy attorney today. Our online scheduling system allows you to schedule bankruptcy consultation at a time that is convenient for you.
Colorado Bankruptcy Law Group, LLC is a personal bankruptcy firm serving clients in the greater Denver area.
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