Evictions

Evictions

Forms

Information on Evictions and Writs of Restitution The following information is not intended to be legal advice and does not address the specific statutory and legal issues of evictions and Writs of Restitution. Our only intent is to provide the public with general guidelines to questions we are generally asked, related to the La Plata County Sheriff's Office policy and procedure for executing Writs of Execution.  We recommend that you first personally research the statutes, or contact an attorney or the courts before relying on this information for legal purposes or proceeding with any action.

1. Notice (Demand) to Vacate: The general eviction process begins when the landlord gives a written demand for the tenant to vacate.(13-40-106). The written notice must be served upon the tenant three days before the landlord can seek additional remedy in the courts,13-40-104(1)(d)-(e). It is not possible for a waiver of the three day notice to be included in any written agreement, 13-40-104(1)(d). The written notice to vacate is used only when the tenant has failed to meet the obligations of agreement with the landlord (i.e., failure to pay rent).

The notice must contain:

a.  Specific grounds for the landlord's right to possession of the premises.

b. Description of the premises.

c. Specific time to deliver possession.

d. Signed by the landlord, agent , or attorney.

e. Alternative of payment of rent (if applicable).

In the case of a mobile home eviction from a mobile home park for nonpayment of rent, 38-12-204(1) allows the tenant five days to remove the mobile home after the written notice is served or posted; there are no express requirements for the contents of this notice.

2. You must receive a Summons and Forcible Entry and Detainer (S.F.E.D.) from county or district court (depending upon which court has jurisdiction under the applicable statutes) to continue the eviction procedure. The court will request a copy of your three day notice.(13-40-108/110/111).

3. Service of the summons can be completed by either the Sheriff's Office's Civil Section or by a disinterested party over the age of 18years. "Personal" service as outlined in Rule 4 of the Colorado Rules of Civil Procedure is required if you are seeking a money judgment along with the actual eviction. A copy of the complaint must be served with the Summons (13-40-12). If no money judgment is sought, the summons and complaint may be served by posting in a conspicuous place upon the premises after diligent effort to make "Personal" serves (38-40-112). Both types of service must be completed at least five working days, not including Sundays and holidays, before the day of appearance specified in the summons and must be evidenced by completing the return of service to the court (13-40-113).

4. Only Sheriff's officers can execute the Writ of Restitution (eviction).

5. Service fee of $60.00 per hour plus mileage is charged to execute a Writ of Restitution.

6. You must bring your Writ of Restitution (2 copies), and your Notice of Judgment (when evicting a mobile home from a mobile home park)to the Civil Section of the Sheriff's Office. The issuing court must wait 48 hours after entry of a judgment before issuing a Writ of Restitution (if they fail to do so the Sheriff will wait the 48 hours before serving or posting) 13-40-122. In the case of Writ of Restitution on mobile homes, 38-12-208, the court can immediately issue the Writ of Restitution, but the Sheriff may not serve the writ less than 48 hours after the Court's entry of judgment. Once we have served or posted the Writ of Restitution you will be notified.