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How do I serve the defendant?

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In small claims court, you have two options for serving your defendant:

  1. Service via Certified Mail: when you file your case, you can request that the clerk’s office send the defendant’s copy via certified mail. The defendant must sign for the letter or it must be refused for service to be valid. Service is not valid if the letter is signed for by another person or if it is returned marked as anything other than "refused." For more information on service via certified mail, read Colorado Rule of Civil Procedure for Small Claims Courts 504(c) (see below for link to rule).
  2. Personal Service: anyone over the age of 18 who is not a party to the case can hand deliver Part 2 of JDF 250 (link to form below) to the defendant. If your defendant is a company or entity, you will want to have the registered agent served. You can find the registered agent for the company or entity by searching the Colorado Secretary of State's website (see below for link). The person who delivers the documents must fill out an Affidavit of Service (Part 4 of JDF 250) and sign it in front of a notary. The completed Affidavit of Service or certified mail return receipt must be filed with the court or brought to your trial. For more information on personal service, read Colorado Rule of County Court Civil Procedure 304 and Colorado Rule of Civil Procedure for Small Claims Courts 504 (see below for links to rules).

Links to Forms, Rules and Useful Websites

Notice, Claim & Summons to Appear for Trial (JDF 250)
Complete parts 2 and 4.

Colorado Rule of County Court Civil Procedure, Rule 304

Colorado Rule of Civil Procedure for Small Claims Courts, Rule 504

Colorado Secretary of State - Business Entity Search

Formal Delivery of the Paperwork

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