Legal Question in Credit and Debt Law in Colorado

Can a Sheriff serve papers to anyone other than whom they are intended for?

We own a house in Colorado that is currently being leased out because of job loss. The Sheriff came to the house and served our tenants with papers that were supposed to be served to us. The tenants in turn called the collection agency and the collection agency gave them all the information regarding the claim. They then told our tenants that if they did not hear from us within twn days the tenants would have to begin paying their rent to the court. Is any of this legal. We were not even made aware of this debt until they served our tenants. I don't mind trying to settle it with them but, I would like to know my rights first. The agency also stated they have put a lein on our house. Please let me know what to do.


Asked on 10/26/06, 10:09 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Can a Sheriff serve papers to anyone other than whom they are intended for?

I don't know what CO law states, but in TX personal service is required unless substituted service is requested. You would have to look at the service papers to see how they served you through your tenants. Just because you now have knowledge of the lawsuit does not equate to personal service. If you want more information, you should contact a CO lawyer.

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Answered on 10/26/06, 10:56 pm


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