Skip to main content

Civil Unit

Eviction Process

What to know when filing eviction paperwork, and the three steps of serving eviction process.

After a court orders an eviction, the Sheriff's Office serves the writ of restitution and coordinates the physical removal if necessary. The information below explains what to be aware of when filing your paperwork, and the three steps of serving eviction process.

When filing your paperwork with the courts, please be aware:

  • A Sheriff's Deputy must be present at all evictions.
  • At the eviction, the Deputy will only be able to remove from the property the people who are listed on your paperwork as defendants.
  • Adding the phrase "and all other occupants" to the defendants listed on your paperwork allows the Deputy to remove any other persons who may be present at the property during the eviction (for example, additional occupants not listed on the lease, or friends or guests of the tenants).
  • If only a portion of a property is to be evicted, this should be specified on your paperwork (for example, "basement only" or "rear bedroom only"). If only certain occupants are to be evicted while others will remain, this should also be specified on your paperwork (for example, "John Doe and his belongings only").

Service of Process for Eviction Paperwork

The eviction process has three steps. As the plaintiff (landlord/owner), it is your responsibility to inform the defendant (tenant) of each step in the eviction process through the options described below.

Step 1 — Notice to Quit, Notice to Vacate, or Demand for Compliance

The paperwork that informs your tenant you want them to leave the property, and for what reason.

  • You may personally serve this to the defendant or post it on the door of the property.
  • If you prefer, you may have the notice served or posted by any uninterested party over 18 years of age, a private process server, or the Sheriff's Office. The Sheriff's Office fee for service is $35 plus mileage.

Step 2 — Summons, Complaint, and Answer in Forcible Entry and Detainer (F.E.D.)

The paperwork that informs your tenant that there is a court hearing in your case.

  • You may not serve or post this yourself.
  • You may have the F.E.D. served or posted by any uninterested party over 18 years of age, a private process server, or the Sheriff's Office. The Sheriff's Office fee for service is $35 plus mileage.
  • If the F.E.D. is served personally, then at your court hearing the judge will be able to make a ruling on both the property and any money due. If the F.E.D. is posted, the judge will only be able to make a ruling on the property; you also have the option of pursuing a money judgment through small claims court.
  • You should also mail a copy of the F.E.D. to the defendant — this completes service if the F.E.D. is posted rather than served personally.

Step 3 — Writ of Restitution

The paperwork that allows a Deputy to evict the occupants of a property.

  • The Writ of Restitution must be posted before the eviction can take place. You may not post it yourself.
  • You may have the Writ of Restitution posted by the Sheriff's Office for a fee of $35 plus mileage, or you may have it posted by any uninterested party over 18 years of age or by a private process server. If you do this, have the person who posts the Writ complete a Proof of Service form and sign it in front of a notary, then bring the Proof of Service and your Writ of Restitution to the Sheriff's Civil Unit to schedule the eviction.
  • The Sheriff's Office fee for an eviction is $130 plus mileage. After your Writ of Restitution has been posted, a Deputy will call you to schedule the eviction.
  • You will be allotted 1.5 hours for the eviction. The Deputy will be present to supervise; you are responsible for providing sufficient manpower to remove all belongings from the property, any necessary special moving equipment, and supplies (boxes and trash bags).

For more information or legal advice

The Sheriff's Office cannot give legal advice. For help, please contact your attorney, Colorado Housing Connects at 1-844-926-6632, or the Colorado Foreclosure Hotline at 1-877-601-HOPE (1-877-601-4673). You can also review the Colorado Judicial Branch residential evictions page.

Contact Civil Unit

Hours

Monday - Friday
8:00 AM - 4:30 PM

Location

100 Jefferson County Parkway
Suite 1520
Golden, CO 80419

Back to Civil Process