§ 13-40-111 — Issuance and return of summons

Colorado § 13-40-111

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Forcible Entry and Detainer -

Text

(1) Upon filing the complaint as
required in section 13-40-110, the clerk of the court or the attorney for the plaintiff
shall issue a summons. The summons must command the defendant to appear
before the court at a place named in the summons and at a time and on a day not
less than seven days but not more than fourteen days after the day of issuing the
same to answer the complaint of plaintiff. A court shall not enter a default
judgment for possession before the close of business on the date upon which an
appearance is due. The summons must also contain a statement addressed to the
defendant stating: If you do not respond to the landlord's complaint by filing a
written answer with the court on or before the date and time in this summons or
appearing in court at the date and time in this summons, the judge may enter a
default judgment against you in favor of your landlord for possession. A default
judgment for possession means that you will have to move out, and it may mean
that you will have to pay money to the landlord. In your answer to the court, you can
state why you believe you have a right to remain in the property, whether you admit
or deny the landlord's factual allegations against you, and whether you believe you
were given proper notice of the landlord's reasons for terminating your tenancy
before you got this summons.

(2) Repealed.

(3) For actions commenced pursuant to section 13-40-104 (1)(f) and (1)(g)
only, if no answer to the complaint is filed as provided in subsection (1) of this
section, the court shall examine the complaint, and, if satisfied that venue is proper
and the plaintiff is entitled to possession of the premises, the court shall dispense
with appearances by the plaintiff or a hearing and shall forthwith enter a judgment
for possession, present or future damages, and costs.

(4) A summons issued pursuant to this section must contain a statement in
bold-faced type notifying the defendant that:

(a) Any records associated with the action are suppressed and not
accessible to the public until an order is entered granting the plaintiff possession of
the premises;

(b) If the plaintiff is granted possession of the premises, the court records
may remain private if both parties agree to suppress the records; and

(c) For a residential action filed in county court pursuant to this article 40,
either party has a right to appear in person or remotely by phone or video on a
platform designated by the court. If a party participates remotely and the party is
disconnected or there is a technology failure, the court shall make all reasonable
efforts to contact the party and shall allow reasonable time for the party to
reestablish connection. If the party is unable to reestablish connection, the court
shall reschedule the hearing in person on the first available date after the date of
the originally scheduled hearing but no later than one week after the originally
scheduled hearing, to the extent practicable. The court shall not enter a default
judgment if a party is unable to participate remotely due to a technological
disconnection or failure.

(5) A summons issued pursuant to this section must also contain a list of
available resources with a website link and phone number for residential tenants to
obtain civil legal aid and rental assistance. The department of local affairs shall
make available and keep current the list of resources available. Local government
entities may also provide or supplement the list of resources and provide such
resources to the department of local affairs for publication on its website.

(6) A summons issued pursuant to this section must also contain:

(a) A copy of a blank answer form required pursuant to section 13-40-113.
The form must include a place for the defendant to indicate whether the defendant
will participate in the eviction hearing in person or remotely by phone or video on a
platform designated by the court.

(b) A form that allows either party to request all documents in the landlord's
and tenant's possession relevant to the current action;

(c) Information about how a pro se party can file documents related to the
case;

(d) A statement, in bold-faced type, that informs the defendant that if the
defendant has experienced unlawful sexual behavior, stalking, domestic violence,
or domestic abuse that was the cause of, contributed to, or resulted in an alleged
lease violation that is the subject of the action for possession, a defense may exist
and the tenant may be entitled to a repayment plan pursuant to section 13-40-104
(4)(e) for any rent that remains lawfully owed; and

(e) Information about how to enroll in the address confidentiality program
pursuant to part 21 of article 30 of title 24.

Legislative History

Source: L. 1885: p. 227, � 10. L. 1887: p. 272, � 5. L. 1891: p. 227, � 1. R.S. 08: � 2610. C.L. � 6376. CSA: C. 70, � 11. CRS 53: � 58-1-11. L. 61: p. 391, � 3. C.R.S. 1963: � 58-1-11. L. 64: p. 470, � 2. L. 75: Entire section amended, p. 582, � 1, effective July 1. L. 87: Entire section amended, p. 565, � 2, effective March 13. L. 2004: Entire section amended, p. 594, � 1, effective July 1. L. 2006: (3) added, p. 1479, � 35, effective July 1. L. 2007: (3) amended, p. 1830, � 1, effective January 1, 2008. L. 2008: (1) amended, p. 1819, � 1, effective September 1. L. 2012: (1) amended and (2) repealed, (SB 12-175), ch. 208, p. 825, � 10, effective July 1. L. 2020: (4) added, (HB 20-1009), ch. 37, p. 121, � 2, effective December 1. L. 2021: (1) amended, (HB 21-1121), ch. 348, p. 2259, � 1, effective June 25; (1) amended and (5) and (6) added, (SB 21-173), ch. 349, p. 2262, � 1, effective October 1. L. 2023: (4) and (6) amended, (HB 23-1186), ch. 415, p. 2460, � 4, effective January 1, 2024. L. 2024: (1) amended, (SB 24-094), ch. 158, p. 730, � 14, effective May 3; (1) amended, (HB 24-1099), ch. 379, p. 2570, � 3, effective November 1. L. 2025: (6)(b) amended and (6)(d) and (6)(e) added, (HB 25-1168), ch. 229, p. 1054, � 8, effective August 6.