The Colorado Summons form is a legal document used to notify a defendant about a court action involving forcible entry and unlawful detainer. This form serves as an official request for the defendant to respond to a complaint filed against them, typically concerning issues related to eviction. Understanding this form is crucial for anyone involved in a landlord-tenant dispute in Colorado, as it outlines the necessary steps and deadlines for responding to the allegations made by the plaintiff.
The Colorado Summons form plays a crucial role in legal proceedings related to forcible entry and unlawful detainer cases. This document notifies defendants of a court date where a judgment may be entered against them. It includes essential information such as the names of the plaintiff and defendant, court address, case number, and contact details. The form outlines the steps the defendant must take if they wish to contest the complaint, including filing an answer by a specified date. It highlights the importance of responding to avoid a default judgment, which could lead to loss of possession of the property. Additionally, if the defendant claims that their landlord has failed to make necessary repairs, they must pay the rent due into the court registry at the time of filing their answer. The summons also addresses the possibility of requesting a jury trial, stipulating the need for a jury fee and the process for indigent defendants to seek a fee waiver. Overall, understanding the Colorado Summons form is vital for anyone involved in these legal matters, as it outlines rights, responsibilities, and potential consequences.
County Court ___________________________ County, Colorado
Court Address:
Plaintiff(s):
v.
Defendant(s):
COURT USE ONLY
Any and all other occupants:
Attorney or Party Without Attorney (Name and Address):
Case Number:
Phone Number:
E-mail:
FAX Number:
Atty. Reg. #:
Division
Courtroom
SUMMONS IN FORCIBLE ENTRY AND UNLAWFUL DETAINER
TO THE ABOVE NAMED DEFENDANT(S), TAKE NOTICE THAT:
1. On
, 20 , at
o'clock
.M. in the
County
Court,
, Colorado, the Court may be asked to enter judgment against you as set forth in the
complaint.
2.A copy of the complaint against you and an answer form that you must use if you file an answer are attached.
3.If you do not agree with the complaint, then you must either:
a. Go to the Court, located at:, Colorado, at the above date and
time and file an answer stating any legal reason you have why judgment should not be entered against you,
OR
b.File the answer with the Court before that date and time.
4.When you file your answer, you must pay a filing fee to the Clerk of the Court.
5.If you file an answer, you must personally serve or mail a copy to the Plaintiff(s) or the attorney who signed the complaint.
6.If you do not file with the Court, at or before the time for appearance specified in this summons, an answer to the complaint setting forth the grounds upon which you base your claim for possession and denying or admitting all of the material allegations of the complaint, judgment by default may be taken against you for the possession of the property described in the complaint, for the rent, if any, due or to become due, for present and future damages and costs, and for any other relief to which the Plaintiff(s) is (are) entitled.
7.If you are claiming that the landlord’s failure to repair the residential premises is a defense to the landlord’s allegation of
nonpayment of rent, the Court will require you to pay into the registry of the Court, at the time of filing your answer, the rent due less any expenses you have incurred based upon the landlord’s failure to repair the residential premises. In addition to filing an answer, you are required to complete an Affidavit (JDF 109) to support the amount you will need to pay into the registry of the Court.
8.If you want a jury trial, you must ask for one in the answer and pay a jury fee in addition to the filing fee.
9.If you want to file an answer or request a jury trial and you are indigent, you must appear at the above date and time, fill out a financial affidavit, and ask the Court to waive the fee.
Dated at
, Colorado, this
day of
20
.
Clerk of the Court
By: ___________________________________
__________________________________________
Deputy Clerk
Attorney for Plaintiff(s) (if applicable)
________________________________________
Address(es) of Plaintiff(s)
______________________________________
Telephone Number(s) of Plaintiff(s)
FORM 1A R7-12 SUMMONS IN FORCIBLE ENTRY AND UNLAWFUL DETAINER
Page 1 of 2
© 2012 Colorado Judicial Department for use in the Courts of Colorado
This Summons is issued pursuant to §13-40-111, C.R.S. A copy of the Complaint together with a blank answer form must be served with this Summons. This form should be used only for actions filed under Colorado's Forcible Entry and Detainer Act.
To the clerk: If this Summons is issued by the Clerk of the Court, the signature block for the clerk, deputy and the seal of the Court should be provided by stamp, or typewriter, in the space to the left of the attorney's name.
WARNING: ALL FEES ARE NON-REFUNDABLE. IN SOME CASES, A REQUEST FOR A JURY TRIAL MAY BE DENIED PURSUANT TO LAW EVEN THOUGH A JURY FEE HAS BEEN PAID.
CERTIFICATE OF MAILING
I/we, the undersigned Plaintiff(s) (or agent for Plaintiff(s)), certify that on ____________________(date), the date
on which the Summons, Complaint, and Answer were filed, I/we mailed a copy of the Summons/Alias Summons, a copy of the Complaint, and Answer form by postage prepaid, first class mail, to
______________________________________________, the Defendant(s) at the following address(es):
_________________________________________________________________________________________.
Plaintiff/(s)Agent for Plaintiff(s)
SECTION 13-40-111 COLORADO REVISED STATUTES, AS AMENDED.
13-40-111. ISSUANCE AND RETURN OF SUMMONS.
(1)Upon filing the complaint as provided in §13-40-110, C.R.S., the clerk of the court or the attorney for the plaintiff shall issue a summons. The summons shall command the Defendant to appear before the Court at a place named in such summons and at a time and on a day which shall be not less than seven days nor more
than fourteen days from the day of issuing the same to answer the complaint of Plaintiff. The summons shall also contain a statement addressed to the Defendant stating: “If you fail to file with the Court, at or before the
time for appearance specified in the summons, an answer to the complaint setting forth the grounds upon which you base your claim or possession and denying or admitting all of the material allegations of the complaint, judgment by default may be taken against you for the possession of the property described in the complaint, for
the rent, if any, due or to become due, for present and future damages and costs, and for any other relief to which the Plaintiff is entitled”. If you are claiming that the landlord’s failure to repair the residential premises is a defense to the landlord’s allegation of nonpayment of rent, the Court will require you to pay into the registry of the
Court, at the time of filing your answer, the rent due less any expenses you have incurred based upon the landlord’s failure to repair the residential premises.
13-40-112. SERVICE.
(1)Such summons may be served by personal service as in any civil action. A copy of the complaint must be served with the summons.
(2)If personal service cannot be had upon the Defendant by a person qualified under the Colorado Rules of Civil Procedure to serve process, after having made diligent effort to make such personal service, such person may make service by posting a copy of the summons and the complaint in some conspicuous place upon the premises. In addition thereto, the Plaintiff shall mail, no later than the next day following the day on which he/she files the complaint, a copy of the summons, or, in the event that an alias summons is issued, a copy of the alias summons, and a copy of the complaint to the Defendant at the premises by postage prepaid, first class mail.
(3)Personal service or service by posting shall be made at least seven days before the day for appearance specified in such summons, and the time and manner of such service shall be endorsed upon such summons by the person making service thereof.
Page 2 of 2
The Colorado Summons form is a crucial document in the legal process of forcible entry and unlawful detainer. It serves to notify the defendant of the legal action being taken against them and outlines the necessary steps they must follow. In addition to the Summons, several other forms and documents are commonly used in this context. Below is a list of these forms, along with a brief description of each.
Understanding these forms can significantly impact the outcome of a case. Each document plays a vital role in ensuring that the legal process is followed correctly and that all parties are informed of their rights and responsibilities.
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Once you have the Colorado Summons form, the next steps involve filling it out accurately to ensure proper legal procedure. This document is crucial for initiating a court action related to forcible entry and unlawful detainer. The following steps will guide you through the process of completing the form.
The Colorado Summons form shares similarities with the Complaint form, as both documents initiate legal proceedings. The Complaint outlines the plaintiff's allegations and the basis for the legal action, while the Summons notifies the defendant of the lawsuit and the requirement to respond. Together, they serve to inform the defendant of the claims against them and the need to appear in court, establishing the foundation for the case.
Another document similar to the Colorado Summons is the Notice to Quit. This notice is often used in landlord-tenant disputes to inform a tenant that they must vacate the property. Like the Summons, it serves as a formal communication regarding the legal expectations of the tenant. Both documents emphasize the urgency of responding to avoid further legal consequences, although the Notice to Quit typically precedes any formal court action.
The Answer form also bears resemblance to the Colorado Summons. The Answer is the defendant's formal response to the allegations made in the Complaint. It allows the defendant to admit or deny the claims and present any defenses. The Summons, in turn, instructs the defendant on how and when to file this Answer, making both documents integral to the legal process.
The Writ of Possession is another document that aligns closely with the Colorado Summons. This writ is issued after a court judgment in favor of the plaintiff, allowing them to regain possession of the property. While the Summons notifies the defendant of the pending action, the Writ of Possession enforces the court's decision, demonstrating the progression of legal actions from notice to enforcement.
The Subpoena is similar in that it compels a person to appear in court or produce documents. While the Summons notifies a defendant of a lawsuit, the Subpoena typically targets witnesses or third parties. Both documents are essential for ensuring that the necessary parties are present for legal proceedings, thereby facilitating the court's ability to resolve disputes.
The Eviction Notice is another related document. This notice informs a tenant of the landlord's intent to terminate their lease and initiate eviction proceedings. Similar to the Summons, it sets a timeline for the tenant to respond or vacate the property. Both documents aim to address disputes between landlords and tenants, with the Eviction Notice serving as a precursor to the legal action represented by the Summons.
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The Certificate of Service is also akin to the Colorado Summons. This document confirms that the Summons and Complaint have been properly delivered to the defendant. While the Summons serves as the initial notice of legal action, the Certificate of Service ensures that the court has a record of compliance with service requirements, reinforcing the importance of proper notification in legal proceedings.
Lastly, the Motion for Default Judgment is similar in its connection to the Summons. If a defendant fails to respond to the Summons, the plaintiff may file this motion to request a judgment in their favor. While the Summons provides the defendant with an opportunity to respond, the Motion for Default Judgment represents the consequence of inaction, illustrating the importance of timely responses in legal matters.
The Colorado Summons form is a legal document used in forcible entry and unlawful detainer actions. It notifies defendants about a court case filed against them regarding possession of a property. The summons outlines important details, such as the court date, the nature of the complaint, and the steps defendants must take to respond.
The Colorado Summons is typically served to the defendant(s) named in the complaint, which may include any occupants of the property in question. It is crucial that all parties involved receive a copy to ensure they are aware of the legal proceedings and can respond accordingly.
If you receive a Colorado Summons, you must take it seriously. You have several options:
Failure to respond can result in a default judgment against you, which may lead to losing possession of the property.
If you disagree with the complaint, you must file an answer stating your legal reasons for contesting it. This answer must be submitted to the court and served to the plaintiff or their attorney. You can file your answer in person or by mail, but it must be done before the court date specified in the summons.
Yes, when you file your answer, you will need to pay a filing fee to the Clerk of the Court. If you are facing financial hardship, you can request a fee waiver by filling out a financial affidavit at your court appearance.
If you believe that your landlord's failure to repair the property justifies your nonpayment of rent, you must still pay the rent due, minus any expenses incurred due to the lack of repairs. You will also need to complete an Affidavit (JDF 109) to support your claim when filing your answer.
Yes, you can request a jury trial in your answer. However, you must also pay a jury fee in addition to the filing fee. If you cannot afford these fees, you may apply for a waiver during your court appearance.
When filling out the Colorado Summons form, it is essential to follow specific guidelines to ensure accuracy and compliance with legal requirements. Below is a list of things you should and shouldn't do:
Adhering to these guidelines can help ensure that your submission is processed smoothly and that you maintain your legal rights throughout the proceedings.