Contact Us Today! 800-477-8522     business@coloradoserve.com
Request a Quote Client Login
Fast & Reliable Process Serving in Denver, Colorado Attorney Services

Blog

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.

Can Someone Refuse Service

We’re not talking about refusing turn-down service at a hotel; this is much more serious. When legal action is taken against an individual, they must be formally notified through a process called service of process. This ensures that they are aware of the legal proceedings and have an opportunity to respond. But what happens if someone refuses service or to accept legal papers? Can they avoid legal trouble by simply ignoring a process server?

We won’t make you wait—the short answer is no—refusing service does not stop the legal process. But we at CAS thought it would be a good idea to delve a little further into what actually happens when someone refuses to be served and how the courts handle such situations in this month’s article.

Service of Process: Why It Matters

Service of process is an essential part of the legal system. It ensures that a person is formally notified of:

  • 📌 A lawsuit filed against them
  • 📌 A court summons requiring their appearance
  • 📌 Other legal documents, such as divorce papers or eviction notices

Proper service is necessary to uphold due process, ensuring that defendants cannot claim ignorance of a case against them.

So What If Someone Refuses to Accept the Papers?

While some people willingly accept legal documents, others may try to avoid service by:

  • ❌ Not answering the door
  • ❌ Refusing to take the papers
  • ❌ Attempting to hide or move frequently

However, courts have procedures in place to prevent individuals from evading legal responsibilities.

What Process Servers Do When Someone Refuses Service

Professional process servers, like those at Colorado Attorney Services, are trained to handle difficult situations. If a defendant refuses to accept their papers, our servers may:

  • Leave the papers nearby – In many cases, courts accept that as long as the individual is informed of the service, they have been legally served. This means if someone refuses to take the papers, a server may place them at their feet or on a nearby surface.
  • Verbally announce the service – Simply stating, "You have been served," can be enough in many jurisdictions, even if the defendant refuses to touch the documents.
  • Serve an alternative person – If direct service is not possible, the courts may allow substituted service, meaning the papers can be left with another responsible adult at the defendant’s home or workplace.
  • Request court permission for alternative service – If a person is actively avoiding service, the court may allow:
    • Service by mail
    • Service by posting the notice on their property
    • Service by publication (in a local newspaper)

Does Refusing Service Stop the Legal Case?

No! Refusing to accept service does not make a case disappear. The lawsuit will proceed with or without the defendant's cooperation.

If a defendant refuses service and fails to respond, the plaintiff may request a default judgment, meaning the court automatically rules in favor of the person who filed the case. This can lead to serious legal consequences, including:

  • ⚖️ Loss of property
  • ⚖️ Garnished wages
  • ⚖️ Eviction
  • ⚖️ Other court-ordered penalties

The Best Approach: Accept and Respond

If you are served with legal papers, we at CAS recommend that the best course of action is to accept them and respond within the required time. Ignoring or refusing service will only make matters worse. Refusing to be served legal papers does not prevent a case from moving forward. Courts recognize deliberate avoidance and have procedures to ensure due process is followed.

If you find yourself involved in a legal matter, accepting service and seeking legal counsel is always the best approach. However, if you are using our process serving service, rest assured that no matter what, we at CAS will take care of your matter promptly so as not to delay your legal proceedings.

By Colorado Attorney Services Staff 4-1-2025

Recent: