Legal Question in Civil Rights Law in Colorado

Re: diffuculty serving subpoena

I'm assuming from the information you've provided that this is a breach of contract action - you agreed to loan friend money and friend agreed to pay it back; the "action accrued" on the date the debt was due (date friend was suppose to pay it back); you have 3 years from that date to commence suit. Service of process rules can vary depending on the court and I don't know what court you filed in. I suggest asking the clerk for any information they can provide on what rules of procedure apply. If the standard rules of civil procedure apply, go to a library or on-line and study Rule 4 to learn your options. If all this is too much and the amount of money is enough to justify it, your best bet is to hire a lawyer to do this for you, rather than beat your head against a wall. However, if the amount is not significant, then the fees may not justify it. The rule for personal service states: "Personal service shall be made...upon a natural person over the age of 18 years by delivering a copy or copies [of the summons and complaint] to the person, or by leaving a copy or copies...at the person's usual place of abode, with any person over the age of 18 years who is a member of the person's family, or at any person's usual place of business, with teh 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." You could serve wife, as a member of friend's family (is she's 18 or older) provided friend is married and living with wife. Again, this assumes that Rule 4 applies in the court you have filed in - some of the regular rules may not apply in a small claims action, so you'll want to check with the clerk to find out what rules apply first.