Can a17 year-old receive service of a summons?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a17 year-old receive service of a summons?

My 17 year-old son was given a summons for my wife’s medical bill. He was asked if he was 18 and he said almost. He will be 18 in 6 months. Also, the filed complaint lists us in the wrong county. Is this valid since it was served to a minor? Do we have to appear?

Asked on September 12, 2010 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

According to the Colorado Rules of Civil Procedure (CRCP) Rule 4, the process server attempted to serve you by personal service and in Colorado that must be done by hand delivering the Summons to a the party themselves if they are over the age of 18 or with a person who lives with them who is also over the age of 18.  So no, it appears that service was not technically correct.  The county issue may not be fatal to the pleadings as long as it is filed in the correct county.  Double check that.  And do not ignore the Summons even because of the above.  You need to answer it and raise an affirmative defense of lack of personal jurisdiction, which means that it was not served in accordance with the law.  That can be fatal.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption