YOUR ONLY DEFENSE is if THE LANDLORD DIDN'T MAIL you the summons, and they have NO PROOF of mailing...the landlord would be an idiot for not spending all of 75 cents! or certified mail .... and you can prove you filed a change of address with the post office...then you can appeal.
13-40-110. Action - how commenced.
(1) An action under this article is commenced by filing with the court a complaint in
writing describing the property with reasonable certainty, the grounds for the recovery thereof,
the name of the person in possession or occupancy, and a prayer for recovery of possession. The
complaint may also set forth the amount of rent due, the rate at which it is accruing, the amount
of damages due, and the rate at which they are accruing and may include a prayer for rent due or
to become due, present and future damages, costs, and any other relief to which plaintiff is
entitled.
13-40-111. Issuance and return of summons. Upon filing the complaint as provided in section
13-40-110, the clerk of the court or the attorney for the plaintiff shall issue a summons. The
summons shall command the defendant to appear before the court at a place named in such
summons and at a time and on a day which shall be not less than five days nor more than ten days
from the day of issuing the same to answer the complaint of plaintiff. The summons shall also
contain a statement addressed to the defendant stating: "If you fail to file with the court, at or before the time for appearance specified in the summons, an answer to the complaint setting forth the grounds upon which you base your claim for possession and denying or admitting all of the
material allegations of the complaint, judgment by default may be taken against you for thepossession of the property described in the complaint, for the rent, if any, due or to become due,for present and future damages and costs, and for any other relief to which the plaintiff is entitled.".
13-40-112. Service.
(1) Such summons may be served by personal service as in any civil action. A copy of the
complaint must be served with the summons.
(2) If personal service cannot be had upon the defendant by a person qualified under the
Colorado rules of civil procedure to serve process, after having made diligent effort to make such personal service, such person may make service by posting a copy of the summons and the
complaint in some conspicuous place upon the premises. In addition thereto, the plaintiff shall
mail, no later than the next day following the day on which he files the complaint, a copy of the
summons, or, in the event that an alias summons is issued, a copy of the alias summons, and a
copy of the complaint to the defendant at the premises by postage prepaid, first-class mail.
(3) Personal service or service by posting shall be made at least five days before the day
for appearance specified in such summons, and the time and manner of such service shall be
endorsed upon such summons by the person making service thereof.
13-40-113. Answer of defendant - additional and amended pleadings.
(1) The defendant shall file with the court, at or before the time specified for his
appearance in the summons, an answer in writing setting forth the grounds on which he bases his
claim for possession and admitting or denying all of the material allegations of the complaint and
presenting every defense which then exists and upon which he intends to rely, either by including
the same in his answer or by filing simultaneously therewith motions setting forth every such
defense.
(2) The court for good cause may permit the filing of additional and amended pleadings
where such will not result in delay prejudicial to the defendant.
13-40-115. Judgment - writ of restitution.
(1) Upon the trial of any action under this article if service was had only by posting in
accordance with section 13-40-112 (2) and if the court finds that the defendant has committed an
unlawful detainer, the court shall enter judgment for the plaintiff to have restitution of the
premises and shall issue a writ of restitution. The court may also continue the case for further
hearing from time to time and may issue alias and pluries summonses until personal service upon
the defendant is had.
(2) Upon such trial or further hearing under this article after personal service is had upon
the defendant in accordance with section 13-40-112 (1), if the court or jury has not already tried
the issue of unlawful detainer, it may do so, and, if it finds that the defendant has committed an
unlawful detainer, the court shall enter judgment for the plaintiff to have restitution of the
premises and shall issue a writ of restitution. In addition to such judgment for restitution, the
court or jury shall further find the amount of rent, if any, due to the plaintiff from the defendant at
the time of trial, the amount of damages, if any, sustained by the plaintiff to the time of the trial on
account of the unlawful detention of the property by the defendant, and damages sustained by the
plaintiff to the time of trial on account of injuries to the property, and judgment shall enter for
such amounts, together with reasonable attorney's fees and costs, upon which judgment execution
shall issue as in other civil actions. Nothing in this section shall be construed to permit the entry ofjudgment in excess of the jurisdictional limit of the court.
13-40-116. Dismissal. If the plaintiff's action brought for any of the causes mentioned in this
article, upon the trial thereon, is dismissed or the action fails to prove the plaintiff's right to thepossession of the premises described in the complaint, the defendant shall have judgment and
execution for his costs.
13-40-117. Appeals.
(1) If either party feels aggrieved by the judgment rendered in such action before the
county court, he may appeal to the district court, as in other cases tried before the county court,
with the additional requirements provided in this article.
(2) Upon the court's taking such appeal, all further proceedings in the case shall be stayed,
and the appellate court shall thereafter issue all needful writs and process to carry out any
judgment which may be rendered thereon in the appellate court.
(3) If the appellee believes that he may suffer serious economic harm during the pendency
of the appeal, he may petition the court taking the appeal to order that an additional undertaking
be required of the appellant to cover the anticipated harm. The court shall order such undertakingonly after a hearing and upon a finding that the appellee has shown a substantial likelihood ofsuffering such economic harm during the pendency of the appeal and that he will not adequatelybe protected under the appeals bond and the other requirements for appeal pursuant to sections13-40-118, 13-40-120, and 13-40-123.
13-40-118. Deposit of rent. In all appeals from the judgment of a county court, in an action
founded upon section 13-40-104 (1) (d), the defendant, at the time of the filing thereof, shalldeposit with the court the amount of rent found due and specified in such judgment. Unless suchdeposit is made, the appeal is not perfected, and proceedings upon such judgment shall thereupon
be had accordingly. If the appeal is perfected, the court shall transmit such deposit to the clerk ofthe appellate court, with the papers in such case; and the appellant thereafter, at the time when therents become due as specified in the judgment appealed from and as often as the same becomedue, shall deposit the amount thereof with the clerk of such appellate court. In case the appellant,at any time during the pendency of such appeal and before final judgment therein, neglects or failsto make any deposit of rent, falling due at the time specified in the judgment appealed from, thecourt in which such appeal is pending, upon such fact being made to appear and upon motion ofthe appellee, shall affirm the judgment appealed from with costs; and proceedings thereupon shallbe had as in like caes determined upon the merits.
13-40-120. Appellate review. Appellate review of the judgment of the district courts of this state,
in proceedings under this article, is allowed as provided by law and the Colorado appellate rules.
In cases of appeal from judgments founded upon causes of action embraced in section 13-40-104
(1) (d), the deposit of rent money during pendency of appeal shall be made, or judgment of
affirmance shall be entered, in the manner provided in section 13-40-118.
13-40-121. When deposit of rent is paid. The rent money deposited, as provided for in this article,
shall be paid to the landlord entitled thereto, upon the order of the court wherein the same is
deposited and at such time and in such manner as the court determines necessary to protect the
rights of the parties.
13-40-122. Writ of restitution after judgment. No writ of restitution shall issue upon anyjudgment entered in any action under the provisions of this article out of any court until after theexpiration of forty-eight hours from the time of the entry of such judgment; and such writs shallbe executed by the officer having the same only in the daytime and between sunrise and sunset.
13-40-123. Damages. The prevailing party in any action brought under the provisions of thisarticle is entitled to recover damages, reasonable ttorney fees, and costs of suit. Nothing in thissection shall be construed to permit the entry of udgments in any single proceeding in excess of the jurisdictional limit of said court.
