Chapter 3 - § 3.5 • SERVICE OF PROCESS

• Jurisdiction: Colorado

§ 3.5 • SERVICE OF PROCESS

Rule 4 of the Colorado Rules of Civil Procedure generally governs service of process. Rule 4(c) states that service shall be accomplished by the sheriff, a deputy, or any person over 18, not a party to the action. The quiet title plaintiff should attempt to serve all the named defendants personally. Rule 4(e) describes how personal service shall be made. Section 3.1.4 describes how business entities are to be served.

If the plaintiff cannot find a defendant and accomplish personal service, Rule 4(g) allows service by mail or publication for in rem proceedings such as quiet title actions. The plaintiff can move the court for an order allowing service by mail or publication, but must show the court that the plaintiff has diligently attempted service (or that such efforts would be futile). The court can order service by mail by directing the party to mail a copy of the process by registered or certified mail to the defendant at his or her last known address, return receipt requested signed by addressee only. Complete service requires that the receipt be returned signed by the addressee.¹⁸³ Because obtaining a signed return receipt is usually difficult under circumstances like this, it is usually better to attempt service by publication.

The court can order service by publication in a newspaper published in the county where the property is located.¹⁸⁴ The publication must be made once each week for five consecutive weeks. The party must also mail a copy of the process to the last known address of each defendant to be served as shown in the motion within 14 days of the date of the order and file proof of service.¹⁸⁵ The rule does not require mailing to be by registered or certified mail. Service is complete on the day of the last publication.¹⁸⁶ Service by publication is the only way to serve the unknown parties.

Before applying for an order for service by publication, the plaintiff should attempt personal service. The plaintiff should engage a process server (or local sheriff in those jurisdictions that require service only by sheriffs) in the area where the plaintiff believes the defendant is located. If the plaintiff believes service may be difficult or impossible, the plaintiff should request that the process server keep close track of all attempts at service and all attempts to locate the defendant. If service proves futile, the process server will then be in a position to detail all actions taken to find and serve the defendant...