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The Colorado Summons form serves as a critical component in the legal process, specifically in cases related to forcible entry and unlawful detainer, a legal terminology used to address disputes typically involving landlord and tenant relations. This document, issued by the County Court of the State of Colorado, initiates the legal procedure by notifying the defendant(s) that a lawsuit has been filed against them, outlining the steps they must take to respond. Requirements detailed in the summons include the necessity for defendants to either appear in court at a specified date and time to file an answer to the complaint or to submit their answer before that scheduled appearance. Furthermore, it mandates the payment of a filing fee upon submission of an answer and emphasizes the importance of serving a copy of the answer to the plaintiff(s) or their attorney, ensuring all parties are duly informed. The summons warns that a failure to respond as instructed may lead to a default judgment against the defendant for possession of the property in question, among other possible consequences. Additionally, the form makes provisions for tenants to contest claims of unpaid rent if it is believed that the landlord's failure to maintain the premises has contributed to the dispute. It also addresses the defendant's right to request a jury trial and the potential need for indigent defendants to have court fees waived. Importantly, the form is aligned with the procedures outlined in §13-40-111 and §13-40-112 of the Colorado Revised Statutes, ensuring its legitimacy and adherence to Colorado's legal framework for handling such disputes.

Colorado Summons Example

 

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

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© 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.

FORM 1A R7-12 SUMMONS IN FORCIBLE ENTRY AND UNLAWFUL DETAINER

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© 2012 Colorado Judicial Department for use in the Courts of Colorado

 
Click for PDF Form

Document Properties

Fact Detail
1. Governing Law Colorado Revised Statutes §13-40-111, as amended.
2. Purpose Used for actions filed under Colorado's Forcible Entry and Detainer Act.
3. Contents Required A copy of the complaint and a blank answer form must be served with this summons.
4. Appearance Requirement Defendant must appear before the Court not less than 7 days nor more than 14 days from the day the summons is issued.
5. Service Methods Can be served by personal service or, if that cannot be achieved after diligent effort, by posting on the premises and mailing.
6. Filing an Answer If disagreeing with the complaint, the defendant must file an answer by a specified date and time, stating legal reasons against the judgment.
7. Jury Trial Request If a jury trial is desired, it must be requested in the answer. A jury fee, in addition to the filing fee, is required.
8. Fee Waiver for Indigent If indigent, the defendant can fill out a financial affidavit to request a fee waiver for filing an answer or requesting a jury trial.
9. Default Judgment If an answer is not filed by the deadline, a default judgment may be entered against the defendant for possession of the property and other relief.
10. Response to Landlord's Failure to Repair If claiming the landlord's failure to repair as a defense, the defendant must pay into the court's registry the rent due minus any incurred expenses for repairs.

Guide to Writing Colorado Summons

After receiving the Colorado Summons form, it's important to fill it out accurately and completely to ensure your response to a forcible entry and unlawful detainer complaint is recognized by the court. This document notifies you of a complaint against you regarding property possession and outlines the steps you must take to respond to this complaint. Correctly completing and filing this form is crucial, as failing to do so may result in a default judgment against you, potentially leading to eviction. The following steps will guide you through the process of filling out the form.

  1. Begin by writing the name of the County Court in the space provided at the top of the form.
  2. Enter the address of the court in the designated field.
  3. List the Plaintiff(s)' name(s) on the line provided. This will be the person or entity filing the complaint against you.
  4. On the corresponding line, write the Defendant(s)' name(s), which should include your name.
  5. If applicable, include the names of "Any and all other occupants" in the space provided.
  6. Fill in your information under "Attorney or Party Without Attorney". This includes your name, address, phone number, email, and fax number (if applicable). Also, include your Attorney Registration Number (Atty. Reg. #) if you're represented by an attorney.
  7. Enter the Case Number, Division, and Courtroom number, which can be found on the court's documents provided to you.
  8. Read through the summons information, noting the scheduled court date and time, the requirement of filing an answer, the instructions on serving a copy to the plaintiff(s), and the potential consequences of not filing an answer.
  9. If you plan to assert that the landlord's failure to repair the premises is a defense against the complaint, note the requirement to pay rent into the court's registry.
  10. Should you desire a jury trial, remember to express this in your answer and be prepared to pay the required jury fee.
  11. If you cannot afford the filing or jury fees, you must attend the court on the specified date to complete a financial affidavit and request a waiver.
  12. The date at the bottom of the form should already be filled in, indicating when the summons was issued. Ensure all details are correct and legible.
  13. If you are the plaintiff or the plaintiff's agent, complete the CERTIFICATE OF MAILING section by providing the date the summons, complaint, and answer form were filed and mailed, as well as the recipient defendant's address.

After filling out the form, make sure to sign it if required, and file it with the appropriate court by the deadline indicated on the summons. Remember, serving a copy to the plaintiff(s) or their attorney, as stipulated, is also necessary to ensure the legal process proceeds correctly. Following these steps carefully will help safeguard your rights and allow you to present your case effectively.

Your Questions, Answered

What is the purpose of the Colorado Summons form in forcible entry and unlawful detainer cases?

The Colorado Summons form serves the primary purpose of notifying a defendant in a forcible entry and unlawful detainer case (often related to eviction proceedings) that a legal action has been filed against them. It informs the defendant of the date and time they must appear in court, if necessary, and outlines the steps they must take to respond to the complaint, including filing an answer. This summons is a crucial first step in the legal process to resolve disputes concerning the possession of property.

How and when do I file an answer to the summons?

An answer to the summons must be filed either by going to the court at the specified date and time mentioned in the summons or by filing it with the court before that date and time. Along with filing the answer, the defendant must pay a filing fee to the Clerk of the Court. The answer form provided with the summons complaint should be used for this purpose. It's essential to address all allegations listed in the complaint within the answer.

Is there a fee involved in filing an answer to the summons?

Yes, when filing an answer to the summons, there is a filing fee that must be paid to the Clerk of the Court. The fee supports court administrative costs related to processing the legal response. The exact amount of the filing fee can vary, so checking with the court where you're filing is advised for the current rate.

What happens if I do not file an answer or appear in court as required by the summons?

If you fail to file an answer with the court or fail to appear at the specified time, judgment by default may be entered against you. This can result in the loss of possession of the property described in the complaint, along with possibly being ordered to pay past and future rent, damages, costs, and any other relief the plaintiff is entitled to under the law.

Can I request a jury trial when filing my answer?

Yes, if you wish to have a jury trial, you must request one in your answer to the summons. This request also requires the payment of a jury fee, in addition to the filing fee. It's important to note that even if a jury fee is paid, in some cases, a request for a jury trial may be denied pursuant to law.

What if I'm unable to afford the filing or jury fees?

If you're unable to afford the filing or jury fees due to financial hardship, you must appear on the specified date and time to fill out a financial affidavit and request the court to waive the fees. Showing financial indigence requires completing and submitting proof of income, expenses, and financial liabilities to justify the fee waiver.

What happens if I'm claiming my landlord's failure to repair as a defense against nonpayment of rent?

If you're defending yourself against an allegation of nonpayment of rent by claiming the landlord's failure to repair the premises, the court will require you to pay into the registry of the court the rent due minus any expenses you've incurred due to the landlord's failure to repair. This payment is required at the time of filing your answer, along with completing an affidavit to support the claim and the amount paid into the court's registry.

What is the process for serving the Colorado Summons form?

The Colorado Summons can be served through personal service like any other civil action, or if personal service isn't possible after diligent effort, the summons and complaint can be posted in a conspicuous place on the premises. Additionally, the plaintiff must mail a copy of the summons and complaint to the defendant by first-class mail, no later than the next day following the day on which the complaint was filed. The time and manner of service must be endorsed on the summons by the person making the service.

Common mistakes

When filling out the Colorado Summons form for a Forcible Entry and Unlawful Detainer action, individuals often make several mistakes that could impact the outcome of their case. Avoiding these common errors can help ensure the process proceeds smoothly and effectively.

  1. Not verifying the court details: It’s crucial to confirm the County Court name and the correct court address. Incorrect information may lead to your summons being filed in the wrong jurisdiction or dismissed.

  2. Omitting case information: Failure to provide complete case number, division, and courtroom information can result in processing delays or misfiled documents.

  3. Incomplete party information: The full names of all plaintiffs and defendants, including "any and all other occupants," must be accurately stated. This ensures that all parties are properly notified and have the opportunity to respond.

  4. Inaccurate attorney or self-representation details: If you have an attorney or are representing yourself, including accurate contact information is essential for communication purposes. Missing or incorrect details can lead to communication breakdowns.

  5. Skipping service instructions: It’s important to understand how the summons and complaint will be served to the defendant(s). Incorrect service can invalidate your case.

  6. Not specifying the action required of the defendant: The summons should clearly state what the defendant must do, by when, and the consequences of failing to respond. Vagueness here could lead to procedural defenses.

  7. Failing to include or incorrectly stating the filing and response deadlines: Precise dates and times for any court appearances, answer filings, or other actions required by the court must be stated. Mistakes or omissions can mislead defendants about their obligations and rights.

Avoiding these seven mistakes can significantly affect the outcome of a Forcible Entry and Unlawful Detainer action. Accuracy, completeness, and clarity in completing the Colorado Summons form are critical to ensure that the process is fair, efficient, and legally binding for all parties involved.

Documents used along the form

When individuals or entities in Colorado initiate a legal action, specifically under the Forcible Entry and Unlawful Detainer Act, several forms and documents are commonly used in conjunction with the Colorado Summons form to ensure that the process is conducted thoroughly and efficiently. These documents are designed to provide clarity, detail, and the necessary legal framework to support the case from its inception through to its resolution. Their usage varies based on the specific requirements of the case, the court, and the preferences of the legal professionals handling the case.

  • Complaint: The foundational document that outlines the plaintiff's allegations against the defendant(s). This document explains the basis of the lawsuit, detailing what the plaintiff believes the defendant did or failed to do, leading to the legal action.
  • Answer Form: A form provided to the defendant to formally respond to the allegations laid out in the complaint. The answer allows the defendant to admit, deny, or claim insufficient knowledge to address the allegations.
  • Case Information Sheet: This document provides essential case details to the court, including parties' information, type of case, and an overview of the legal matter at hand.
  • Affidavit of Service: An affidavit confirming that the summons, complaint, and any other required documents have been served to the defendant in accordance with the law. This document is crucial in establishing that the defendant has been properly notified of the legal action.
  • Affidavit (JDF 109): Specific to Colorado, this form is required if the defendant is claiming that the plaintiff's failure to repair the premises is a defense against allegations of nonpayment of rent. It is used to document and support the amount the defendant pays into the court registry.
  • Motion for Default Judgment: If the defendant fails to respond to the summons and complaint within the specified time frame, the plaintiff may file this motion to request the court to issue a judgment in their favor by default.
  • Rent Demand (Three-Day Notice): Before filing a Forcible Entry and Unlawful Detainer complaint, the landlord must provide the tenant with a three-day notice to pay overdue rent or vacate the premises. This document is often submitted with the complaint to demonstrate compliance with this prerequisite.
  • Stipulation Agreement: A document where both parties agree to certain terms to resolve the dispute without further court action. This may be used when both parties wish to avoid a trial and have reached a mutual agreement.
  • Financial Affidavit: Used by a party claiming indigence in order to request the waiving of court fees. This document provides the court with a detailed account of the individual's financial situation.

These documents collectively facilitate the legal process, allowing each party to articulate their position, respond to allegations, and comply with legal requirements. They provide a structured pathway for resolving disputes through the court system and serve as a record of the actions taken by each party. Understanding the purpose and requirements of each document is essential for parties involved in a Forcible Entry and Unlawful Detainer action in Colorado.

Similar forms

The Colorado Summons form is similar to other legal documents that are used to initiate court proceedings or to make formal requests for something to be done by the court. These documents serve the purpose of notifying involved parties about the legal action and detailing what steps must be taken next. Each document, while unique in its application, shares a fundamental structure aimed at ensuring due process and fair notice. Below are examples of documents similar to the Colorado Summons form:

  • Complaints: A complaint initiates a lawsuit by outlining the plaintiff's allegations against the defendant. Similar to the summons form, a complaint provides detailed information about the nature of the case, the parties involved, and the specific allegations being made. Complaints are essential for laying the groundwork of the legal action, just as the summons is crucial for alerting the defendant about the lawsuit and how to respond.

  • Civil Cover Sheets: While a civil cover sheet does not initiate legal proceedings directly, it accompanies the initial filing of a case, such as a complaint or summons, in most jurisdictions. It provides the court with a snapshot of the basic information of a case, including the names of the parties, the type of case being filed, and other important administrative data. The similarity comes from its role in the filing process, helping to ensure that the case is properly managed from the outset.

  • Notice of Hearing: Notices of Hearing are documents issued by the court or requesting party to inform others about a scheduled court date and time. Like the summons, a Notice of Hearing ensures that all parties are adequately informed about when to appear in court and for what purpose. The document helps facilitate the proper conduct of hearings, ensuring that the proceedings can move forward without delay.

Dos and Don'ts

Filling out the Colorado Summons form correctly is essential to ensure the legal process proceeds without unnecessary delays. Here are four things you should do, followed by four things you shouldn’t do.

What You Should Do:
  • Read the entire form carefully before you start filling it out to understand all the requirements and ensure you have all the necessary information.
  • Use black ink to fill out the form to ensure that all the information is legible and can be photocopied or scanned without issues.
  • Provide accurate and complete information for every field that applies to your situation, including the full names of the plaintiff(s) and defendant(s), and the case number if it's already been assigned.
  • Include a date and signature where required on the form to validate its authenticity. Ensure that the person signing the form has the authority to do so on behalf of the plaintiff(s).
What You Shouldn't Do:
  • Don’t leave any required fields blank. If a section does not apply, mark it as "N/A" (not applicable) instead of leaving it empty.
  • Avoid making assumptions about legal terms or procedures. If you're unsure, seeking clarification from a legal professional or the court's help desk is better than guessing.
  • Do not use correction fluid or tape on the form. If you make a mistake, it's better to start over on a new form to keep the document neat and legible.
  • Resist the urge to fold or staple the document if not specifically instructed to do so. Keeping the form flat and unaltered helps maintain its integrity when filed with the court.

Misconceptions

Understanding the Colorado Summons form, particularly in cases of forcible entry and unlawful detainer, is crucial, yet it is surrounded by numerous misconceptions. These misunderstandings can significantly impact the parties involved, particularly defendants who may not fully grasp their rights or the procedures. Here are six common misconceptions about the Colorado Summons form and the truths that dispel them:

  • Misconception 1: A summons is merely an informal notice. Truth: The Colorado Summons form is a formal legal document officially starting the court process in cases of forcible entry and unlawful detainer. It commands the defendant to appear in court and respond to the plaintiff's complaint, indicating serious legal implications if ignored.

  • Misconception 2: Defendants have a lot of time to respond. Truth: Defendants are required to respond within a specifically short timeframe—usually not less than seven days and not more than fourteen days from the issuance of the summons. This narrow window emphasizes the urgency in addressing the summons appropriately.

  • Misconception 3: Filing an answer to the summons is optional. Truth: Responding to the summons by filing an answer is critical. Failure to do so allows the court to grant a default judgment against the defendant, leading to possible eviction and other penalties without further notice.

  • Misconception 4: The summons does not require any action if the defendant plans to move out. Truth: Even if the defendant intends to vacate the property, formally responding to the summons is necessary. Ignoring the summons can result in a default judgment, which may include financial damages beyond simple eviction.

  • Misconception 5: The defendant cannot request a jury trial. Truth: Defendants have the right to request a jury trial to decide their case, a vital component of the American legal system. This request must be explicitly made in the answer and is subject to a fee, in addition to the filing fee.

  • Misconception 6: Service of the summons can only be done in person. Truth: While personal service is preferred for its reliability, the Colorado Summons form outlines alternative methods if personal service is not feasible. These include posting the summons and complaint in a conspicuous place on the premises and mailing copies to the defendant, ensuring they are informed of the legal action against them even if direct contact is not made.

Dispelling these misconceptions is essential for all parties involved in forcible entry and unlawful detainer cases in Colorado. Understanding the legal significance of the summons and the correct steps to take upon receiving it protects one's rights and facilitates a fair legal process.

Key takeaways

Understanding the Colorado Summons form, specifically in the context of forcible entry and unlawful detainer, is pivotal for both landlords and tenants. This guide aims to unpack the key elements and mandatory procedures involved, ensuring that all parties navigate the process with clarity and compliance.

  • The Colorado Summons form initiates a legal process where a Court may be asked to enter judgment against the defendant(s). It is a crucial document in cases related to real estate, such as eviction disputes.

  • Attached to the Summons, defendants will find a copy of the complaint against them and an answer form that is required for filing a response if they disagree with the complaint.

  • Defendants have the option to either appear in Court at the specified date and time to file an answer or submit their answer before the given deadline.

  • Filing an answer necessitates the payment of a filing fee, which must be submitted to the Clerk of the Court.

  • Upon answering, defendants are responsible for serving or mailing a copy of their answer to the plaintiff(s) or the attorney who filed the complaint.

  • A failure to file an answer with the Court by the specified time can lead to a default judgment against the defendant, granting the plaintiff possession, any due rent, future damages, costs, and any other relief warranted.

  • If a defendant contends that their withholding of rent is justifiable due to the landlord's failure to repair the premises, they must file an answer and pay into the court's registry the rent due minus any incurred expenses for repairs.

  • Requesting a jury trial involves both requesting it in the answer and paying an additional jury fee on top of the filing fee.

  • For those unable to afford filing or jury fees, an appearance at court to complete a financial affidavit and request a fee waiver is necessary.

Taking these key takeaways into account ensures that individuals embroiled in forcible entry and unlawful detainer actions understand their obligations, deadlines, and rights within the Colorado judicial system. This knowledge is vital for navigating the legal landscape effectively and protecting one’s interests in real estate disputes.

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