The First Court Date
The Return Date
At the return date, there are four main things that could happen: (1) your tenant could not show up, (2) you could come to an agreement with your tenant, (3) your tenant could file an Answer, or (4) the court could continue (postpone) the court date at the request of the parties or because you did not properly serve your tenant.
Tenant No Show
If your tenant does not show up to the court date, you may request that a default judgment automatically enters against him or her. The court will usually grant your request as long as you have a correctly completed Affidavit of Service showing that you properly served your tenant.
Coming to an Agreement with the Defendant
If your tenant comes to court and you are able to come to an agreement with him or her, 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.
Your Tenant’s Answer
If your tenant comes to court but you cannot reach an agreement, your tenant may file an Answer stating his or her defenses. In the Answer, the tenant has the opportunity to sue you back by way of a counterclaim. Your case may be transferred to a higher court (the District Court) if the tenant’s answer claims the monthly rental value of the property is more than $15,000.00 or if the counterclaim is for more than $15,000 or claims title to the property. For more information on removal of a case to a higher court, read Colorado Revised Statutes § 13-40-109.
Links to Law and Form
Jurisdiction of Courts
Colorado Revised Statutes § 13-40-109
Stipulation in Forcible Entry and Detainer (FED) Eviction (JDF 102)
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