CIVIL SECTION

All field services performed by the Civil Section are completed by a uniformed Sheriff's Deputy. If your task requires a return of service, it will be mailed to you. Summons in Unlawful Detainers due to the short court date will be sent directly to the court for you. Service of papers is based on information you provide us. The better the quality of the information you provide, the better the chances of successful service.                          

Provided information should include home and work addresses, age, physical description, work hours, vehicle information, daily routine hours, and anything else that can assist us in locating and contacting the person to be served. Call us at 303-655-3272 to obtain an information form.                     

 

PLEASE NOTE!  We are forbidden by law from giving legal advice, the following information is provided as a reference source.  We suggest you check the specific statue(s) that apply to your particular situation, and/or check with an attorney for more in-depth legal information or advice.  The phone number for  LEGAL AID is 303-837-1313.

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Almost all services performed by the Civil Section have fees associated with them.  All fees for service must be paid in advance.   If you are due a refund, a check will be mailed to you.  If you require further information on fees, call 303-655-3272.

SHERIFF'S FEES 

Evictions:

Demand for payment of Rent or Possession: The process begins when the landlord gives a written demand to the tenant or places a notice on the door to pay due rent or vacate the property per Colorado Revised Statute is 13-40-106. The written demand must be served upon the tenant three days before the landlord  can seek additional remedy in the courts. C.R.S. 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. C.R.S. 13-40-104(1)(d).        

Notice to vacate: The process begins when the landlord gives a written Notice to Vacate for the tenant to vacate the property for reasons of bad tenancy. The written notice must be served upon the tenant ten days before the landlord can seek additional remedy in the courts. It is not possible for a waiver of the ten day notice to be included in any written agreement.              

Summons and Forcible Entry and Detainer:  You must receive a Summons and Forcible Entry and Detainer (S.F.E.D.) from the courts (County or District dependant upon jurisdiction/statutes) to continue the eviction procedure. The court will need a copy of the three or ten day notice.

Service of the summons can be completed by either the Sheriff's Office Civil Section or an uninvolved party who is over 18 years of age and not an immediate family member. If you are seeking monetary damages in addition to the eviction, service must be made personally, per Rule 4 of the Colorado Rules of Civil Procedure.

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" service (38-40-112). Both types of service must be completed at least five days 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).

Only a Sheriff's Deputy can execute the Writ of Restitution (eviction). After the Sheriff's Office receives the Writ of Restitution, The plaintiff should call a Civil Technician at 303-655-3272 between 8 A.M. and 5 P.M. to find out which deputy has been assigned to their writ, and obtain that Deputy's telephone number. The plaintiff or landlord needs to call the assigned Deputy between the hours of 8 A.M.- 9A.M. Monday - Friday to schedule the stand-by eviction. The Deputies are in the field and are not always available for calls.  Special circumstances should be directed to Sergeant Larry Davis of the Civil Section. Adverse or potential adverse reactions by tenants should also be reported to Sergeant Larry Davis at 303-655-3271.                
The Sheriff's Office requires the landlord to hire and be responsible for all necessary movers/towers and requires the landlord or agent to be present at the scheduled time of eviction. The eviction may be cancelled if the landlord or agent fails to arrive. The landlord is required to provide enough manpower to remove all belongings within one hour (when possible) at his own expense. If there is not enough manpower the Deputy may cancel the writ until enough manpower is hired.

Mobile Home Eviction: For eviction from a mobile home park for non-payment 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.   In addition to the courts issuing the Writ of Restitution, a Notice of Judgment is issued requesting the mobile home be prepared for movement. The Civil Deputy will stand by while the premise is cleared. Removal of a mobile home requires the landlord to arrange for a tow, qualified personnel to remove skirting and make the needed disconnection at the landlords' expense, if the tenant fails to do so prior to the eviction date.   No mobile home can be moved from it’s lot unless it meets Colorado State statutes and Adams County ordinances applying to movement of mobile homes on public roadways. Applicable statutes can be found in Colorado Revised Statutes, specifically title 42, and Adams County Ordinance 9. The landlord is also responsible for storage of the mobile home after movement, unless other arrangements have been previously made.  Mobile homes may not be placed on the side of the road.      

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Protection Orders:

To obtain a protection order, you must first contact the courts.  The courthouse is located at 1100 Judicial Center Drive, which is located 1/4 mile west of I-76 at Bromley Lane(152nd Avenue). The phone number is 303-654-3335.

When a Protection Order is issued by the court, the complainant must have an uninvolved person over the age of 18 years serve the defendant.

If this is a service, you are requesting of the Sheriff’s Civil deputies, there is a fee. See the fee schedule for service costs. After obtaining the protection order, bring it to the Administrative Office located at 1901 E. Bridge St. in Brighton to arrange for service.

You may wish to contact "PROJECT SAFEGUARD" at 303-637-7761 prior to going to court.