Can a17 year-old receive service of a summons?
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Can a17 year-old receive service of a summons?
My 17 year-old son was given a summons for my wife’s medical bill. He was asked if he was 18 and he said almost. He will be 18 in 6 months. Also, the filed complaint lists us in the wrong county. Is this valid since it was served to a minor? Do we have to appear?
Asked on September 12, 2010 under Bankruptcy Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
According to the Colorado Rules of Civil Procedure (CRCP) Rule 4, the process server attempted to serve you by personal service and in Colorado that must be done by hand delivering the Summons to a the party themselves if they are over the age of 18 or with a person who lives with them who is also over the age of 18. So no, it appears that service was not technically correct. The county issue may not be fatal to the pleadings as long as it is filed in the correct county. Double check that. And do not ignore the Summons even because of the above. You need to answer it and raise an affirmative defense of lack of personal jurisdiction, which means that it was not served in accordance with the law. That can be fatal. Good luck.
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