Landlord’s Options for Serving an Eviction
Options for Serving You
For eviction cases, your landlord has two options for serving you:
- Personal service: someone over the age of 18 who is not a party to the case delivers by hand a copy of the Summons, Complaint, and Answer to each tenant at least seven days before the first court date. For more information on personal service, read Colorado County Court Rule of Civil Procedure 304 (link to rule below). If your landlord would like to obtain a money judgment against you (in addition to a judgment for possession of the property), he or she must have you personally served.
- Service by posting: if after a diligent effort to personally serve you no one has been able to hand you the court papers, anyone over the age of 18 who is not a party to the case may post the Summons, Complaint, and Answer in a easily visible place on the property. When serving by posting, your landlord must also mail each tenant a copy via regular first class mail the day he or she files the case with the court or the very next business day. If you are served by posting (and mail), your landlord will only be able to obtain a judgment for possession of the property, not money.
Affidavit of Service
For either type of service, the person who delivers or posts the court papers must fill out an Affidavit of Service (JDF 98) (link to form below), documenting how they served each tenant, and must sign it in front of a notary. Your landlord must file a completed Affidavit of Service with the court on or before your first court date in order to move forward with the case.
Links to Rule and Form
Colorado County Court Rule of Civil Procedure 304
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