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How Do You Prove Lack of Proper Service Made at a P.O.Box Address?

How Do You Prove Lack of Proper Service Made at a P.O.Box Address?

Q: What happens if a server can't find you?

If a server cannot find you, they may report this to the court. The plaintiff may then request alternative methods of service, such as service by mail or publication. The court will evaluate the situation and determine whether to allow these alternative methods to ensure you receive notice of the legal action.

Q: What happens if they don't serve you?

If you are not served with a summons, the court cannot proceed with the case against you. You may be able to challenge any default judgment if you can prove you were not properly served. It is important to keep records and document any attempts made to serve you, as this can help in your defense.

Q: What happens if the police can't find you to serve you?

If the police cannot locate you for service, the plaintiff may need to seek alternative methods of service through the court. This could involve serving you by mail or publishing a notice in a local newspaper. The court must approve these methods to ensure that you are adequately informed of the legal action.

Full question:

If a summons has not been personally served to you or anybody that you know, how do you prove that a copy of the summons has not been delivered to your mailing address that contains a P.O. Box number?

Category: Civil Actions
Subcategory: Summons
Date: 04/07/2025
State: Colorado

Answer:

It is possible to prove lack of service through a sworn affidavit. An affidavit generally consists of statements of fact regarding the issue at hand, with a section at the bottom for the affiant to swear to to truth of the statements made and affix his/her signature, which is then notarized in a jurat. A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him.

It may also be possible to prove that the address on the certificate of service is incorrect through current proof of address such as utility bills, paychecks, etc. addressed to the current address. A certificate of service is often attached to a pleading, indicating the location where service was made. A copy may be obtained at the court where the pleading was filed.

Please see the following case for further discussion:

http://www.cobar.org/opinions/opinion.cfm?OpinionID=4635

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you can't find a person to serve?

If you cannot find a person to serve with a summons, you may need to request alternative service methods from the court. This could include serving by mail, publication in a newspaper, or other means approved by the court. You will typically need to demonstrate that you have made reasonable efforts to locate the person. The court's approval is necessary to ensure that the service is legally valid.

Can you be summoned without being served?

Generally, a summons must be served to be legally effective. However, in some cases, such as default judgments, a court may proceed without personal service if the defendant cannot be located. This often requires the plaintiff to show that they attempted to serve the summons and that the defendant is intentionally avoiding service.

What happens if a server can't find you?

What happens if they don't serve you?

What happens if the police can't find you to serve you?

How do I prove I wasn't served?

To prove you were not served, you can provide evidence such as a sworn affidavit stating that you did not receive the summons. Additionally, you may present documents showing your whereabouts during the time of the alleged service. If the certificate of service indicates an incorrect address, you can also provide proof of your actual address.