What Is A Waiver Of Service?

I frequently recommend to clients that they allow me to sign a waiver of service on their behalf. Not surprisingly, I get many questions from clients, wanting to make sure they are not giving up any rights by signing the waiver.

If you are a Parks and Recreation fan like I am, you may recall the scene where a man is looking for Ron Swanson, claiming he won a free dinner at Saint Elmo’s Steakhouse. When Ron gleefully responds, “I am Ron Swanson!” the man responds, “You’ve been served.” 

Colorado law requires that an individual be served when any documents are filed with the court. There are two reasons for this. First, service of process is to make you aware of the legal proceedings. Second, the date of service starts your deadline to file a response.

At the start of a divorce, service must be “personal.” This means that a process server or sheriff hands the documents directly to the non-filing party. However, this can be avoided by signing a waiver of service. By signing a waiver of service, you are not admitting that the documents filed by the other party are correct. You are not giving up legal rights. You are simply acknowledging that you have received the documents, are aware of the legal proceedings.

Signing a waiver has several benefits: (1) you avoid the embarrassment of a process server showing up at your home or work; and (2) it allows me to get a copy of the documents before the deadline to respond starts running; and (3) it saves money on a process server.

If you have been served with court papers, it is essential that you speak to an attorney immediately, to make sure that you do not miss any deadlines. Call Katelyn today!