Cal. Civ. Code § 13-40-111

Issuance and return of summons.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoSummary Process

Operative Text

Cal. Civ. Code § 13-40-111
(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 after 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."

(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Repealed.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:

(a) 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;

(b) If
the plaintiff is granted possession of the premises, the court records may
remain private if both parties agree to suppress the records; and

(c) For
a residential action filed in county court pursuant to this article 40, either
party has a right to appear in person or remotely by phone or video on a
platform designated by the court. If a party participates remotely and the
party is disconnected or there is a technology failure, the court shall make
all reasonable efforts to contact the party and shall allow reasonable time for
the party to reestablish connection. If the party is unable to reestablish
connection, the court shall reschedule the hearing in person on the first
available date after the date of the originally scheduled hearing but no later
than one week after the originally scheduled hearing, to the extent
practicable. The court shall not enter a default judgment if a party is unable
to participate remotely due to a technological disconnection or failure.

(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:

(a) A
copy of a blank answer form required pursuant to section 13-40-113. The form
must include a place for the defendant to indicate whether the defendant will
participate in the eviction hearing in person or remotely by phone or video on
a platform designated by the court.

(b) A
form that allows either party to request all documents in the landlord's and
tenant's possession relevant to the current action;

(c) 
Information about how a pro se party can file documents related to the case;

(d) A
statement, in bold-faced type, that informs the defendant that if the defendant
has experienced unlawful sexual behavior, stalking, domestic violence, or
domestic abuse that was the cause of, contributed to, or resulted in an alleged
lease violation that is the subject of the action for possession, a defense may
exist and the tenant may be entitled to a repayment plan pursuant to section
13-40-104 (4)(e) for any rent that remains lawfully owed; and

(e) 
Information about how to enroll in the address confidentiality program pursuant
to part 21 of article 30 of title 24.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 13-40-111 governs the issuance of a summons in Colorado eviction (forcible entry and detainer) proceedings. Once a complaint is filed, the court clerk or plaintiff's attorney must issue a summons giving the defendant between seven and fourteen days to appear or file a written answer. The summons must include specific notices about default judgment risks, record suppression, remote hearing options, available legal aid resources, and protections for tenants who have experienced domestic violence or unlawful sexual behavior.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 13-40-111, compliant operators ensure that the summons issued in any eviction action contains all required statutory notices, including bold-faced statements about record suppression and remote appearance rights. Landlords and their attorneys are responsible for verifying that the summons is issued within the prescribed timeframe and includes the blank answer form, a document-request form, and the current list of civil legal aid and rental assistance resources. Operators should also be aware that no default judgment for possession may be entered before the close of business on the appearance date.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 13-40-111 requires that any eviction summons you receive include a blank answer form, information about remote hearing options, and a list of civil legal aid and rental assistance resources. If you have experienced domestic violence, stalking, or unlawful sexual behavior connected to the alleged lease violation, the summons must notify you that a defense may exist. Tenants can respond by filing a written answer, appearing in court, contacting a tenant-rights organization, or seeking civil legal aid using the resources listed on the summons itself.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 13-40-110
Not yet ingested
Colo. Rev. Stat. § 13-40-104
Not yet ingested
Colo. Rev. Stat. § 13-40-113
Not yet ingested

References In

Rules and statutes that cite this regulation

Colo. Rev. Stat. § 13-40-101

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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