Colorado Forcible Entry and Detainer

INSTRUCTIONS FOR FORCIBLE ENTRY AND DETAINER (FED)/EVICTION

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

GENERAL INFORMATION

◆ The action must be filed by a “person in interest”, i.e. the property owner or other individual or entity identified as the landlord or lessor on the lease.

◆ The action must be filed in the County where the property is located.

◆ Before you file your action, you must have served the tenant a Demand for Compliance or Right to Possession Notice (JDF 101) or a Notice to Quit (JDF 97) and any required time period for the tenant to comply must have passed.

◆ The judgment amount is limited to $15,000.00 (if personally served) in County Court.

◆ If you are the Defendant, do not disregard the Summons and Complaint.

◆ If you are the Plaintiff, do not disregard a counterclaim.

◆ For additional information, please review Colorado Revised Statute §13-40-101 et seq.

◆ If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator.

http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm

COMMON TERMS

□ Complaint: Document officially commencing the eviction process against a person who fails to comply with the lease agreement or pay rent when due.

□ Plaintiff: The person(s) or company filing a Complaint.

□ Defendant: The person(s) or company that the case is filed against.

□ Service of Process: The official means by which the Defendant is notified that a lawsuit has been filed against him/her and provided a copy of the Summons and Complaint.

□ Default: If the Defendant does not appear at the time of the hearing or file an answer, the Court may enter “default” or “failure to appear/answer” which entitles the Plaintiff to all relief asked for in the complaint.

□ Return Date: The date that the Defendant must file his/her answer by and/or appear in Court, which is listed on the Summons.

□ Writ of Restitution: A legal order signed by the Court authorizing the Sheriff to evict the Defendant. It is effective 48 hours after the judge grants a judgment of possession unless other terms are ordered.

FEES

The filing fee is $97.00. If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court.

Other fees that a party to the case may encounter are as follows:

□ Answer Fee $92.00

□ Answer and Counterclaim $96.00

□ Jury Demand Fee $98.00

□ Copies of Documents (Documents on file) $ .75 per page or $1.50 if double-sided

□ Copies of Documents (Documents not on file) $ .25 per page or $.50 if double-sided

□ Service Fees Varies (Not payable through or to the Court.)

FORMS

To access a form online go to www.courts.state.co.us and click on the “Self Help/Forms” tab, select “All Court Forms and Instructions” and then select “Evictions and Foreclosures”.

□ CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer

□ CRCCP Form 3 Answer Under Simplified Civil Procedure

□ JDF 97 Notice to Quit

□ JDF 98 Affidavit of Service

□ JDF 99 Complaint in Forcible Entry and Detainer

□ JDF 101 Demand for Compliance or Right to Possession Notice

□ JDF 102 Stipulation for Forcible Entry & Detainer (FED)/Eviction

□ JDF 103 Writ of Restitution

□ JDF 104 Motion for Entry of Judgment

□ JDF 106 Order re: Stipulation

□ JDF 107 Order for Entry of Judgment

STEPS TO FILING YOUR CASE

Step 1: You have already completed and posted the Demand for Compliance or Right to Possession Notice (JDF 101) or Notice to Quit (JDF 97) and the time for the tenant to comply has passed.

Step 2: Complete Initial Forms.

Complaint in Forcible Entry and Detainer (JDF 99).

□ You are the Plaintiff and the person(s) you are evicting is/are the Defendant(s).

□ Fill in all the blanks and complete all necessary information on the Complaint form.

□ If you are filing against multiple Defendants in the same action, list all of the Defendants.

□ Make sure you have the appropriate number of copies of all documents for the Court and the Defendant(s).

□ You may file a copy of the lease or rental agreement with the Court if a written lease or rental agreement was made. Please mark as Exhibit “A” if available.

□ File with the Court a copy of the Demand for Compliance or Right to Possession Notice or Notice to Quit. Please mark as Exhibit “B”.

Summons in Forcible Entry and Unlawful Detainer (CRCCP Form 1A) and Answer under Simplified Civil Procedure (CRCCP Form 3).

FIRST APPEARANCE

It is important that you are on time or early for your Return Date and that you have all of your information with you.

If the Plaintiff(s) and Defendant(s) appear on the Return Date, one of the following situations can occur:

1. The Defendant(s) can agree to vacate the premises or the parties can agree to certain conditions. The agreement, called a “stipulation,” must be put in writing on the court form titled “Stipulation in Forcible Entry and Detainer” (JDF 102).

2. With approval of the court, the Plaintiff(s) can continue the return date.

3. The Defendant(s) file an Answer. A Possession Hearing and/or a Court Trial regarding money issues will be set.

If the Defendant(s) do not appear or do not timely file an Answer and Steps 1 - 6 have been completed properly, the Court may award possession and/or monetary judgment to the Plaintiff(s).

JUDGMENT INFORMATION

The Court cannot collect your monetary judgment for you, but can give you information regarding the necessary collection forms.

Possession Judgment:

□ Complete the Motion for Entry of Judgment (JDF 104).

□ Complete the caption and include the property address on the Order for Entry of Judgment (JDF 107).

□ If the Defendant(s) have not vacated the property within 48 hours from the date of judgment, complete the caption only on the Writ of Restitution (JDF 103) and provide to the Court for issuance.

□ Once the Writ is issued, it is the obligation of the Plaintiff(s) to contact the Sheriff’s Office for the execution of the Writ.

Monetary Judgment:

□ If you obtained personal service on the Defendant(s), the Motion for Entry of Judgment (JDF 104) may request a money judgment.

□ Complete the caption only on the Order for Entry of Judgment with Issuance of Interrogatories (JDF 107).

Additional collection information entitled “Instructions for Collecting a Judgment and Completing a Writ of Garnishment” (JDF 82) is available on the state judicial website, www.courts.state.co.us.