Serving the Defendant
For eviction cases, you have two options for serving your defendant:
- Personal service: someone over the age of 18 who is not a party to the case (not you) delivers in their hand a copy of the Summons, Complaint, and Answer to each tenant at least seven days before your first court date. For more information on personal service, read Colorado County Court Rule of Civil Procedure 304 (link to rule below). If you would like to obtain a money judgment against your tenant (in addition to a judgment for possession of the property), you must have your tenant personally served.
- Service by posting: If after a diligent effort to personally serve your tenant no one has been able to hand them the court papers, anyone over the age of 18 who is not a party to the case (not you) may post the Summons, Complaint, and Answer in a conspicuous place on the property. When serving the tenant by posting, you must mail each tenant a copy via regular first class mail the day you file the case with the court or the very next business day. If you serve your tenant by posting (and mail), you 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 will need to 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. You will need to file a completed Affidavit of Service with the court on or before your first court date in order to move forward with the case. The Affidavit of Service must state which documents were served.
Links to Rule and Form
Service of Process
Colorado County Court Rule of Civil Procedure 304
Need More Help?
Use our contact options to locate courts, legal services, attorneys, legal clinics, libraries and legal events in your area and around Colorado.