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Colorado Attorney Services has their focus on providing each client with superior quality services. We value each client relationship by making sure that we meet their needs and expectations. Serving subpoenas and process serving is most of the work we do. The owner, James D. Roland, has ensured that his team of professionals are trained and continually updated about the laws casing what makes a serve legally valid. The team that James Roland must put together to form Colorado Attorney Services is all about providing you with exceptional service. Here is how we do it.

Does COVID Justify Substitute Service

Does COVID Justify Substitute Service?

Our way of living has drastically changed because of the pandemic and yet everything still must go on like normal. Courts still must be in session. There are papers to be served. All of us want to limit the amount of contact that we have with people to not spread the virus. Which begs the questions of whether COVID-19 justifies substituted service. What is substituted service anyways? Colorado Attorney Services will answer both questions so that you know what may happen in your case.

What is Substituted Service?

In short what this means is you can mail the documents or attach them to their door, and it will be considered as served. Typically, this is not used until after a few attempts to try and serve the documents to the intended person fail. The court would then deem the papers served. However, for this to be the case, the process server must have made an efficient enough attempt in the court’s eyes.

Does COVID-19 Justify Substitute Service?

The short answer is that the courts will have to decide whether it is justifiable. There are three different cases where the court decided differently in all of them:

1. OHVA, Inc. v. eProcessing Network LLC, 4-20-cv-01247 (S.D. Tex. Apr. 15, 2020, Order)

In this case the court did grant the plaintiff’s motion to be able to serve the defendant by substitute service. In other words, they could serve the documents through the mail or by posting it on their door. So, if you are thinking about trying to get out of town before you get served that might not be the best idea. You could get served, miss the date of the trial, and suffer much larger consequences as a result.

2. Aristors Licensing LLC v. Raptor Technologies LLC, 4-20-cv-01116 (S.D. Tex. Apr. 15, 2020, Order)

In this case the court denied the motion to be able to serve the documents through mail or posting it on their doorway. The court did not give any explanation and ordered that the defendant be served within the next 15 days.

3. Hydro Net LLC v. Inhand Networks, Inc., 1-20-cv-00357 (E.D. Va. Apr. 15, 2020, Order)

The court did deny the plaintiff’s motion to be able to serve the documents by substitute service but did not completely shut out the possibility. Regarding this case, the court ordered that they first investigate if defendant would be open to signing a wavier of service document. Meaning that they voluntarily enter a lawsuit without forcing the opposing party to serve them. The court then order that if they did not agree to a waive service, they would then grant the motion of substitute service.

You never know what the courts will order. Regardless of what the court orders though, Colorado Attorney Services is here to help you. Whether you still need the documents served in person or an allowance of substitute service was granted, we have your back. Give us a call today to find our more information about our services or send in an online request form!

By Colorado Attorney Services 1-18-2021