How can we find out who is trying to serve a family member. The process server would not tell me.

Asked over 3 years ago - Denver, CO

Wanted to serve my husband...he wasnt home. Asked if he could leave paperwork with me. I refused. I wanted to know who it was from. He told me he was not obligated to tell me unless I accepted the summons. We have no idea who or why he is being served.

Attorney answers (3)

  1. L. Maxwell Taylor

    Contributor Level 20

    Answered . One option would be go to the state courthouse in your county and ask to see any civil lawsuits that have been filed where your husband is named as a defendant. Also check in the small claims court.

    This method obviously wouldn't help you find out if your husband is being sued somewhere else, either in another state or in federal court, but most lawsuits are filed in state court.

    Anyway, the above suggestion might lead to something, or it might lead to nothing. But doing nothing will certainly lead to learning nothing, before your husband actually gets served. And then, of course, he'll know who is suing him, because it will say so on the summons and complaint.

    Not legal advice as I don't hold Colorado licensure. If you need legal advice, please consult a lawyer who holds Colorado licensure.

    Good luck.

  2. L. Maxwell Taylor

    Contributor Level 20

    Answered . It's also possible that there's no way to find out. Typically state rules of civil procedure permit a plaintiff to commence a lawsuit by serving the defendant, and only thereafter filing the complaint with the court. If the plaintiff's lawyer has chosen this method of commencing a lawsuit--a less typical method, but still one which is sometimes used--then the only people who know the plaintiff's identity are the plaintiff, his lawyer, and the process server. In that event, if the process server won't say who, the only way to find out may be to accept service of the summons and complaint.

  3. Mitchell Reed Sussman

    Pro

    Contributor Level 14

    Answered . You can likely look on line to see if there has been a case filed in the local court.

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