Thought Leaders: My Business Just Got Served with a Lawsuit…Now What?

Delivery of court filings by a plaintiff in a lawsuit to a business is called “service of process” and, if done properly, triggers important deadlines and requirements. The applicable rules of civil procedure in the court where the matter is pending govern who may issue a summons and complaint, what information must be contained in those documents, who can serve those documents, and how service must be accomplished. Failure to follow these rules may relieve the party receiving them from responding. As discussed below, the rules are nuanced and may vary depending on a variety of factors, but there are several steps that a business should immediately consider taking upon receipt of a summons and complaint. 

Service of Process

A licensed attorney or court clerk may sign and issue a summons to a defendant in a civil lawsuit. The summons puts the defendant on notice that claims found in a complaint have been filed in court against it. A summons must contain the names of the court, the county in which the case is pending, and the parties. It must also state the time within which the defendant is required to appear and defend against the claims in the complaint, and notify the defendant that if the defendant fails to respond timely, judgment by default may be entered against the defendant. Additional information may be required in certain types of cases, like eviction cases.

Process may be served on the defendant by any person who is over eighteen and is not a party to the lawsuit. Typically, a business is served by a process server who delivers a copy of the documents to the business’s registered agent or to specific individuals connected with the business, such as an officer, a general partner, an LLC manager, or any of those individuals’ assistants. Service may also occur by publication or mail if ordered by the court.

What Next?

As soon as a business is served, it should read the documents carefully to determine who is filing the lawsuit and what the plaintiff is alleging. Next, the business should tentatively calculate the deadline for responding to the complaint and get that date on the business’s calendar. Third, contact a lawyer as soon as possible. Under Colorado law, many businesses are required to be represented by a lawyer in court. A lawyer will help the business determine if service was proper, calculate the response deadline, and help the business respond to the lawsuit in a timely manner.

If your business has been served and you are looking for representation, contact BHGR’s Litigation Group today.

This article is informational only. The presentation or use of this information does not in any manner constitute an attorney-client relationship between BHGR and the website user. While the information on this site concerns legal issues, it is not intended as legal advice and is not a substitute for particularized advice from your own legal counsel.