2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 40 - Forcible Entry and Detainer - General Provisions
§ 13-40-111. Issuance and Return of Summons

1. Upon filing the complaint as required in section 13-40-110, the clerk of the court or the attorney for the plaintiff shall issue a summons. The summons must command the defendant to appear before the court at a place named in the summons and at a time and on a day not less than seven days but not more than fourteen days from the day of issuing the same to answer the complaint of plaintiff. A court shall not enter a default judgment for possession before the close of business on the date upon which an appearance is due. The summons must also contain a statement addressed to the defendant stating: “If you do not respond to the landlord's complaint by filing a written answer with the court on or before the date and time in this summons or appearing in court at the date and time in this summons, the judge may enter a default judgment against you in favor of your landlord for possession. A default judgment for possession means that you will have to move out, and it may mean that you will have to pay money to the landlord. In your answer to the court, you can state why you believe you have a right to remain in the property, whether you admit or deny the landlord's factual allegations against you, and whether you believe you were given proper notice of the landlord's reasons for terminating your tenancy before you got this summons. When you file your answer, you must pay a filing fee to the clerk of the court. If you are claiming that the landlord's failure to repair a residential premises is a defense to the landlord's allegation of nonpayment of rent, the court will require you to pay into the registry of the court, at the time of filing your answer, the rent due less any expenses you have incurred based upon the landlord's failure to repair the residential premise; unless the court determines that you qualify to have this requirement waived due to your income.”
2. Repealed.
3. For actions commenced pursuant to section 13-40-104 (1)(f) and (1)(g) only, if no answer to the complaint is filed as provided in subsection (1) of this section, the court shall examine the complaint, and, if satisfied that venue is proper and the plaintiff is entitled to possession of the premises, the court shall dispense with appearances by the plaintiff or a hearing and shall forthwith enter a judgment for possession, present or future damages, and costs.
4. A summons issued pursuant to this section must contain a statement in bold-faced type notifying the defendant that:
   1. Any records associated with the action are suppressed and not accessible to the public until an order is entered granting the plaintiff possession of the premises; and
   2. If the plaintiff is granted possession of the premises, the court records may remain private if both parties agree to suppress the records.

5. A summons issued pursuant to this section must also contain a list of available resources with a website link and phone number for residential tenants to obtain civil legal aid and rental assistance. The department of local affairs shall make available and keep current the list of resources available. Local government entities may also provide or supplement the list of resources and provide such resources to the department of local affairs for publication on its website.
6. A summons issued pursuant to this section must also contain:
   1. A copy of a blank answer form required pursuant to section 13-40-113; and
   2. A form that allows either party to request all documents in the landlord's and tenant's possession relevant to the current action.

History. Source: L. 1885: P. 227, § 10. L. 1887: P. 272, § 5. L. 1891: P. 227, § 1. R.S. 08: § 2610. C.L. § 6376. CSA: C. 70, § 11. CRS 53: § 58-1-11. L. 61: P. 391, § 3. C.R.S. 1963: § 58-1-11. L. 64: P. 470, § 2. L. 75: Entire section amended, p. 582, § 1, effective July 1. L. 87: Entire section amended, p. 565, § 2, effective March 13. L. 2004: Entire section amended, p. 594, § 1, effective July 1. L. 2006: (3) added, p. 1479, § 35, effective July 1. L. 2007: (3) amended, p. 1830, § 1, effective January 1, 2008. L. 2008: (1) amended, p. 1819, § 1, effective September 1. L. 2012: (1) amended and (2) repealed,(SB 12-175), ch. 208, p. 825, § 10, effective July 1. L. 2020: (4) added,(HB 20-1009), ch. 37, p. 121, § 2, effective December 1. L. 2021: (1) amended,(HB 21-1121), ch. 348, p. 2259, § 1, effective June 25; (1) amended and (5) and (6) added,(SB 21-173), ch. 349, p. 2262, § 1, effective October 1. History. Source: L. 1885: P. 227, § 10. L. 1887: P. 272, § 5. L. 1891: P. 227, § 1. R.S. 08: § 2610. C.L. § 6376. CSA: C. 70, § 11. CRS 53: § 58-1-11. L. 61: P. 391, § 3. C.R.S. 1963: § 58-1-11. L. 64: P. 470, § 2. L. 75: Entire section amended, p. 582, § 1, effective July 1. L. 87: Entire section amended, p. 565, § 2, effective March 13. L. 2004: Entire section amended, p. 594, § 1, effective July 1. L. 2006: (3) added, p. 1479, § 35, effective July 1. L. 2007: (3) amended, p. 1830, § 1, effective January 1, 2008. L. 2008: (1) amended, p. 1819, § 1, effective September 1. L. 2012: (1) amended and (2) repealed,(SB 12-175), ch. 208, p. 825, § 10, effective July 1. L. 2020: (4) added,(HB 20-1009), ch. 37, p. 121, § 2, effective December 1. L. 2021: (1) amended,(HB 21-1121), ch. 348, p. 2259, § 1, effective June 25; (1) amended and (5) and (6) added,(SB 21-173), ch. 349, p. 2262, § 1, effective October 1.

Amendments to subsection (1) by HB 21-1121 and SB 21-273 were harmonized.

Unsuccessful party by appeal waives irregularities in the summons. The unsuccessful party, by taking an appeal from a judgment of a justice of the peace, waives all irregularities in the summons and service thereof. Fort v. Demmer, 91 Colo. 285 , 14 P.2d 489 (1932).

Applied in Maxwell v. District Court, 641 P.2d 931 (Colo. 1982).