Tips & Tricks

Timely Tips for Efficiency in Process Serving

Avoid delays, especially if you are planning to serve an individual as close to the deadline as possible. Be certain that you have verified the service address ahead of time. An easy and inexpensive way to do this is to send a postal trace form. This has proven to be a very inexpensive way to verify an address.

Calculate witness fees by using 95% of the prevailing IRS rate. This is then multiplied by the number of miles the witness must make round-trip to and from the address where they must appear. Federal witnesses must receive a $40.00 daily allowance in addition to their fees calculated for mileage. Local Colorado courts do not require the daily allowance fee.

**Avoid situations in which a corporate registered agent refuses to accept service by ensuring that you have spelled the name of the corporation exactly as it appears on the Secretary of State website. Corporate registered agents often use the tactic of refusing to accept service if the corporation's name is not spelled correctly.

Challenge: A problem can arise if the Corporation Service Company only accepts whatever a process server brings to their office without verifying they are actually the registered agent until after the service has been completed. Offices that are not serving as the corporation's registered agent will then simply return service to the attorney, indicating they are not the registered agent.
Solution: Be certain to research on the Secretary of State site that the Corporation Service Company is in actuality the correct registered agent so that service will not get returned.

Challenge: Unfortunately, the Secretary of State lists a number of insurance companies as having the Division of Insurance as their registered agent, but this list doesn't always match up with the Secretary of State's records.
Solution: Take the time to contact the Division of Insurance office at 303-894-7499 to verify that you have identified the correct registered agent for the corporation that you are planning to serve.

Challenge: Service of anything to Denver Health that discloses patient information.
Solution: When performing service of anything to a hospital or medical center, be aware that anything that requires that patient medical records (including billing records) be divulged must be accompanied by a signed release from the patient involved. This signed release must be attached to the subpoena. Hospitals and medical centers in the state are consistently diligent in their efforts to have all process servers deal first with an initial gatekeeper in order to get the go ahead on a service.

Challenge: Receiving a rush service late in the day.
Solution: When you receive a rush service late in the day, it saves time to call or e-mail us ahead of your visit to alert us that something may be coming later.

Challenge: Serving a distant bank with a garnishment on a time constraint.
Solution: If attempting to get an out of the way bank served quickly with a garnishment order, be aware that bank garnishments can best be served at any local branch of that bank's main office.


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