EVICTIONS(FEDs)

   MOST COMMON-FAILURE TO PAY RENT

  • Demand for Compliance. Be sure to fill out completely and post in a conspicuous place. Usually it is posted right on the front door. If possible, take a picture of the posted Demand and fill out the bottom portion completely. Be sure to date.

IF NOT DATED, COURT WON’T DO

PERSONAL SERVICE ON AL IN ORDER TO OBTAIN JUDGMENT

LESS THAN TEN DAYS, COURT WONT HEAR THE CASE

PARTIAL PAYMENTS

Wait 10 days and do not accept any partial payments. Accepting a partial payment means that you will have to start the process all over again.

  • Filing a lawsuit. After the 10 days have expired, we can file a lawsuit. To file a lawsuit, we prepare a summons and complaint. Copies of the Lease and 10 day demand are attached to the complaint as exhibits. The case is filed in the County where the property is located. Attorneys can efile these lawsuits, non attorneys must travel to the Courthouse and file the necessary paperwork and pay the filing fee. The filing fee is approximately $110.

COMPLAINT-PARTIES,DATES, AMOUNTS

EXHIBITS, LEASE AND DEMAND

SUMMONS

  • The Return Date. When filing the complaint, a return date will be assigned, the return date is the first court appearance date and will be 7-14 days from the filing date.
  • A process server will attempt to serve the tenants/defendants with the pleadings by handing it to them. If the server is unable to catch up to the tenants/defendants, the server can post the pleadings in a conspicuous place. IF POSTED, NEED TO MAIL The server’s proof of service is then filed with the Court. If the process server personally serves them, we will be able to obtain both an Order for possession and a money judgment.
  • The Return Date Hearing- the defendants do not appear. If they do not appear, we would obtain an Order for possession, and Writ of Restitution to issue. The Court cannot issue the Writ until  2 days after the Order for possession.
  • DEFAULT

If the Defendants appear at the return date hearing, sometimes the parties will enter into a payment stipulation, this stipulation must be in writing, signed by the parties and filed with the Court. STIPULATION WILL INCLUDE PAYMENT TERMS AND WHAT HAPPENS IN THE EVENT OF DEFAULT, NOTICE PROVISION If the parties cannot reach an agreement and the Defendants file a response, the Court will set the matter for trial.

  • Trial-Usually, these trials are split into two trials. On the first trial date, the issue is whether the Owner is entitled to an Order for possession. The issues at this trial are whether the tenants owe money, whether a notice was posted, whether 10 days passed before the lawsuit was filed, etc. FOX BEST WITNESS BECAUSE PERSONAL KNOWLEDGE AND FAMILIAR WITH DOCUMENTS AND ALSO RECORDS REGARDING BALANCE The result of this first trial is the Order for possession.
  • Writ of Restitution. The Writ can be issued and placed with the Sheriff 48 hours later. The Sheriff will charge a fee $150-$200, and make arrangements for the actual eviction. The scheduling of the eviction depends on the Sheriff’s schedule and should be coordinated with the Owner. At the eviction, the Sheriff will meet the Owner at the property and stand by while the Owner removes the tenants belongings. NO OBLIGATION TO STORE.
  • Money Judgment. Once the tenants are out, the Owners may schedule another trial and obtain a money judgment for the balance owed. In order to obtain a money judgment, the Defendants must be personally served. Posting will not be enough unless the defendants appear in Court. The issue at this trial will be the amount owed. PERSONAL SERVICE, AGAIN FOX BEST WITNESS BECAUSE FAMILIAR WITH ACCOUNT AND PAYMENTS. ALSO FAMILIAR WITH WHAT HAPPENS WITH SECURITY DEPOSIT

After a money judgment is entered, the Owner can try to collect. Typical tools for collection include bank garnishments and wage garnishments.

GARNISHMENTS, ISSUED BY CLERK, SERVED ON BANK/EMPLOYER.

DOMESTICATION OF JUDGMENT.

Resources:

https://www.courts.state.co.us/Forms/Index.cfm is a useful site with instructions and forms.

C.R.S. §13-40-101 et seq. is Colorado’s eviction statute.