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Maybe not correct, but enough to get a default
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Posted by MCM bait
(66.149.179.202) on March 06, 2004 at 15:17:52:
In Reply to: Re: Serving of Process -- Not correct? posted by Rusty on March 06, 2004 at 14:19:55:
If your son lived with you, it would be proper. But even if it isn't proper because he doesn't live with you, the process server will file proof of service with the court and your son will most probably get a default judgment entered against him. Here is the CO rules for personal service: (d) By Whom Served. Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen years, not a party to the action; (e) Personal Service. Personal service shall be as follows: (1) Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to the person, or by leaving a copy or copies thereof at the person's usual place of abode, with any person over the age of eighteen years who is a member of the person's family, or at the person's usual place of business, with the person's secretary, bookkeeper, manager, or chief clerk; or by delivering a copy to an agent authorized by appointment or by law to receive service of process; (2) Upon a natural person, between the ages of thirteen years and eighteen years, by delivering a copy thereof to the person and another copy thereof to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be; or with whom the person resides, or in whose service the person is employed; and upon a natural person under the age of thirteen years by delivering a copy to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be. (3) Upon a person for whom a conservator has been appointed, by delivering a copy thereof to such conservator; If they get a default judgment against him, it's possible that he could get the judgment vacated for improper service. But if they *do* get a default judgment against him and file it with the MS courts, the first he may know of it is when his accounts are frozen or his wages garnished. In essence, it is *never* a good idea to ignore a summons. He should fight it, but not ignore it. Ignoring it, or not telling your son about it, will only cause your son more grief than it's worth. By the way, you telling your son about the summons or even giving it to him does *NOT* cure the defect. It will not be service of process even if you hand it to him in his hands. It will still be improper service of process under the laws of CO and MS.
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