My First Court Date

The Return Date

At the return date, there are four main things that could happen: (1) you could not show up, (2) you could come to an agreement with your landlord, (3) you could file an Answer, or (4) the court could continue (postpone) the court date at the request of you or the landlord or because the landlord did not properly serve you.

You Must Appear

If you do not show up to the court date, your landlord may request that a default judgment automatically enter against you. The court will usually grant your landlord’s request as long as he or she has a correctly completed Affidavit of Service showing that you were properly served.

Coming to an Agreement with your Landlord

If you are able to come to an agreement with your landlord, you should submit it to the court in the form of a Stipulation so that it can become an order of the court. Make sure to include in your Stipulation what will happen if either party does not comply with the agreement.

Filing an Answer

You may file an Answer stating your defenses on or before your court date. In the Answer, you have the opportunity to sue your landlord back by way of a counterclaim. If you state that your monthly rent is more than $15,000.00 or if your counterclaim is for more than $15,000 or claims title to the property, you may have to have your case transferred to a higher court (the District Court). For more information on removal of a case to a higher court, read Colorado Revised Statutes § 13-40-109 (link to law below).