The Colorado Summons form is a legal document that notifies a defendant of a court action regarding forcible entry and unlawful detainer. This form outlines the necessary steps a defendant must take to respond to a complaint, including deadlines and filing requirements. To ensure you are properly informed, fill out the form by clicking the button below.
The Colorado Summons form plays a crucial role in the legal process for eviction cases, specifically under the Forcible Entry and Detainer Act. This form is issued by the court to notify defendants of the legal action being taken against them. It includes essential details such as the names of the plaintiff and defendant, the case number, and the court's address. The summons also specifies the date and time when the court will consider the case. Defendants are informed of their rights and responsibilities, including the requirement to file an answer to the complaint within a specified timeframe. Failure to respond can result in a default judgment against them, potentially leading to eviction. The form also outlines the procedures for filing an answer, including any associated fees, and provides information for those who may need to request a jury trial. Additionally, it highlights the importance of addressing any claims related to the landlord's failure to maintain the property, which could impact the case. Overall, the Colorado Summons form serves as a vital communication tool that ensures all parties are informed and able to participate in the legal proceedings.
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
Filling out the Colorado Summons form is a crucial step in initiating legal proceedings related to forcible entry and unlawful detainer. Once completed, this form will be filed with the court, and the next steps will involve serving the summons to the defendant and ensuring compliance with court procedures.
After completing the form, it will need to be filed with the court along with the associated complaint. Ensure that copies are made for serving the defendant and for your records. Following this, you must adhere to the court's rules regarding service and filing deadlines to proceed with your case effectively.
The Colorado Summons form is a legal document used in cases involving forcible entry and unlawful detainer. It notifies defendants that a lawsuit has been filed against them, typically by a landlord seeking possession of a rental property. The summons outlines the court date, the nature of the complaint, and the actions the defendant must take in response.
If you receive a Colorado Summons, it is crucial to take it seriously. You have a limited time to respond, usually between 7 to 14 days. You must either appear in court on the specified date or file a written answer with the court before that date. Failing to respond may result in a default judgment against you, allowing the plaintiff to take possession of the property.
If you disagree with the complaint, you must file an answer stating your legal reasons. This answer can be submitted in person at the courthouse or filed with the court before the appearance date. It's essential to also serve a copy of your answer to the plaintiff or their attorney.
Yes, when you file your answer, you will need to pay a filing fee to the Clerk of the Court. This fee is non-refundable. If you are unable to afford the fee, you can request a waiver by filling out a financial affidavit at the time of your court appearance.
If you believe that your landlord's failure to repair the premises is a valid defense against the allegation of nonpayment of rent, you must still pay the rent due into the court registry when you file your answer. You will also need to complete an Affidavit (JDF 109) to support the amount you claim to be owed due to the landlord's failure to repair.
Yes, you can request a jury trial in your answer. However, you must also pay a jury fee in addition to the filing fee. Make sure to clearly state your request in your answer to ensure it is considered by the court.
If you cannot afford the filing fees, you must appear in court on the scheduled date and time. At that time, you can fill out a financial affidavit to request a waiver of the fees. The court will review your request and make a determination based on your financial situation.
If you have additional questions about the Colorado Summons or the legal process, consider seeking legal advice from an attorney. They can provide guidance tailored to your specific situation and help ensure that you understand your rights and responsibilities.
Incomplete Information: One common mistake is failing to fill out all required fields on the summons form. Information such as the county, court address, and names of the plaintiff(s) and defendant(s) must be clearly stated. Omitting any of this critical information can lead to delays or complications in the legal process.
Incorrect Dates: Another frequent error involves entering incorrect or inconsistent dates. The date of the court appearance and the date of filing the summons should align with the timeline specified in the complaint. If these dates are wrong, it could result in the summons being invalid.
Failure to Attach Required Documents: It is essential to attach the complaint and the answer form to the summons. Neglecting to include these documents can lead to misunderstandings and may prevent the court from processing the case properly.
Ignoring Service Requirements: Many people overlook the requirement to serve the summons correctly. This includes personal service or mailing a copy to the defendant. If the summons is not served according to legal standards, it may not hold up in court.
When navigating the legal landscape in Colorado, especially in cases involving forcible entry and unlawful detainer, several documents accompany the Summons form. Each of these documents plays a crucial role in ensuring that all parties are informed and that the legal process is followed correctly. Below is a list of commonly used forms and documents that often accompany the Colorado Summons.
Understanding these documents and their functions is essential for anyone involved in a forcible entry and unlawful detainer case in Colorado. Each form contributes to the orderly progression of the legal process, ensuring that both plaintiffs and defendants have the opportunity to present their cases fairly.
The Colorado Summons form shares similarities with the Complaint form, which initiates a civil action. Both documents serve as foundational elements in a legal proceeding. The Complaint outlines the plaintiff's claims against the defendant, while the Summons informs the defendant of the action taken against them and requires their response. Together, these documents establish the framework for the court's jurisdiction and the parties' obligations to engage in the legal process.
Another document akin to the Colorado Summons is the Notice to Quit, often used in landlord-tenant disputes. This notice informs a tenant that they must vacate the premises due to lease violations or non-payment of rent. Like the Summons, it serves to notify the tenant of impending legal action. However, the Notice to Quit is typically a precursor to more formal proceedings, whereas the Summons indicates that a lawsuit has already been filed.
The Answer form is also comparable to the Colorado Summons. After receiving a Summons, the defendant must file an Answer to respond to the allegations made in the Complaint. This document allows the defendant to present their side of the story, providing an opportunity to admit or deny the claims. The Answer must be filed within a specified timeframe, similar to the deadlines outlined in the Summons.
A similar document is the Motion for Summary Judgment. This motion can be filed after the Summons and Answer have been exchanged, seeking a judgment without a trial based on undisputed facts. Both the Summons and the Motion for Summary Judgment require timely responses from the opposing party, emphasizing the importance of adhering to procedural timelines in legal matters.
The Affidavit of Service is another document related to the Summons. This affidavit confirms that the Summons and Complaint were properly served to the defendant. It acts as proof that the defendant has been notified of the legal action, which is a crucial aspect of ensuring due process. Both documents highlight the importance of proper notification in the judicial process.
The Subpoena is also similar to the Colorado Summons in that it compels a person to appear in court or produce documents. While the Summons directs a defendant to respond to a legal complaint, a Subpoena may require witnesses or parties to provide testimony or evidence relevant to a case. Both documents play vital roles in ensuring that the court has the necessary information to make informed decisions.
Additionally, the Request for Admission shares characteristics with the Summons. This document is used to obtain admissions from the opposing party regarding certain facts or the authenticity of documents. While the Summons serves to notify the defendant of a lawsuit, the Request for Admission aims to streamline the litigation process by clarifying points of agreement or disagreement between the parties.
The Pre-Trial Order is another document that bears resemblance to the Summons. This order outlines the issues to be resolved at trial and sets the stage for the proceedings. Both documents are essential in guiding the legal process and ensuring that all parties are aware of their responsibilities and the expectations of the court.
Finally, the Judgment form is related to the Summons in that it represents the outcome of a legal proceeding initiated by the Summons. After the Summons has been served and the case has been adjudicated, the Judgment form reflects the court's decision regarding the claims made in the Complaint. Both documents are integral to the lifecycle of a legal case, from initiation to resolution.
When filling out the Colorado Summons form, it is crucial to follow specific guidelines to ensure accuracy and compliance with the court's requirements. Here are seven things you should and shouldn't do:
Taking these steps seriously can significantly impact the outcome of your case. Ensure that you adhere to these guidelines to protect your rights and interests.
Understanding the Colorado Summons form is crucial for anyone involved in a forcible entry and unlawful detainer case. However, several misconceptions can lead to confusion. Here are ten common misunderstandings:
Being informed about these misconceptions can help you navigate the legal process more effectively. Take the time to understand your rights and obligations when dealing with a Summons in Colorado.