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Civil

The Civil Unit accepts papers for service of process in Eagle County, Colorado. Civil papers can be mailed to P.O. Box 359, Eagle, CO 81631, or hand delivered to the Eagle County Sheriff's Office at 0885 East Chambers Ave. in Eagle for service once they have been filed with the appropriate court. Please note that the Sheriff's Office cannot give legal advice.  

Civil Process Information Sheet

Civil Services and Fees

Pre-payment of all fees is required prior to service. Checks should be made payable to Eagle County Sheriff’s Office. To determine the correct fees for the service desired, contact the Sheriff's Office at 970-328-8500. Fees are set by Colorado Revised Statutes 30-1-101. Payments may be made by cash or check; no credit cards are accepted. Checks should be made payable to the Eagle County Sheriff's Office. In the event additional payment is due or a refund is owed, you will receive payment or a statement within 30 days.

The return of service will be attached to your statement. It is your responsibility to see that the return of service document is filed with the appropriate court.

Protection (Restraining) Orders
If you need to report a violation that has already occurred, call the law enforcement agency where the violation occurred. For information on how to obtain a restraining order, call the court clerk in the county where you reside. For the Eagle County Clerk to the Courts, call 970-328-6373.

Eviction Procedures

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 Eagle 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.

1st Step

Notice (Demand) to Vacate: The general eviction process begins when the landlord gives a written demand for the tenant to vacate (13-40-106). This can be a hand written, typed or a printed form notice (the form is called “Notice to Quit/Demand for Payment of Rent or Possession”). The 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 a tenant has failed to meet the obligations of agreement with the landlord (lease).

You must keep a copy of the notice for yourself and note the date and time it was served or posted.  The Sheriff’s Office can also serve this if necessary and a return will be provided.  The cost of the service is $35.00 plus mileage.

The notice must contain:

    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.

    2nd Step

    If the tenant has not vacated within the three days after notice, the landlord can file a Summons & Complaint in Forcible Entry & Detainer (S.C.F.E.D.) with the appropriate court. Depending upon which court has jurisdiction and the applicable statutes it will either be District or County court. At the time of filing, the court will request a copy of the three day notice (13-40-108/110/111). Service of the S.C.F.E.D. may be completed by either the Sheriff’s Office or by a disinterested third party over the age of 18 years. “Personal” service as outline 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” service (38-40-112). Both types of service must be served/posted 7 days prior to the court date. The court will set a court date between ten (10) and fourteen (14) days after you file. A completed return of service must be supplied to the court (13-40-113).

    At the court hearing, you will have the opportunity to present your case and the tenant(s) will also have the opportunity to answer your complaint and present their case.  If the judge rules in your favor, the tenant will have an additional forty eight (48) hours to move out.
     

    3rd Step

    Writ of Restitution:

    If the tenant does not move out after the forty eight (48) hour period following the court date, then you will go to the court and ask them to issue a “Writ of Restitution.” A Writ of Restitution is entered when judgment of the S.C.F.E.D. is awarded to the landlord. This writ will be good forty eight (48) hours after the judge signs it. Only Sheriff's deputies can execute the Writ of Restitution/Execution (eviction). The Writ will need to be brought to the Sheriff’s Office for service and it will be served to the tenant/posted. The fee for this service is $60.00 plus mileage.

    • 1. Mileage is charged for each round trip to the premises and a service fee is charged for the completion of the Writ of Restitution.
    • 2. 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 Division of the Sheriff's Office. The Civil clerk will schedule the next available appointment to evict the tenants. Please be aware that there can be a waiting period of several weeks before the Civil Division can complete your eviction. 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.
    • 3. Special circumstances should be directed to the Lieutenant of the Civil Division (including concerns about anticipated tenants' reactions to being evicted).
    • 4. 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 canceled if the landlord or agent fails to arrive. The landlord is required to provide enough manpower to remove all belongings within two hours (when possible) at his own expense. The Civil Deputy will stand by while the premise is cleared.
    • 5. No mobile home can be towed without meeting Colorado State Statutes applying to movement of mobile homes on public roadways. The landlord is responsible for having a specific location to store the mobile home. Such mobile homes may not be placed on the side of public roadways.
    • 6. If tenants vacate the premises before the scheduled date for eviction, please contact the Sheriff's Office at 970-328-8500 to cancel the eviction. IF CANCELED AT LEAST 24 HOURS BEFORE your scheduled eviction time, this can save you the additional mileage costs of Sheriff's Deputies responding to the premises to restore it to you. The open time slot can be used in many cases.
    • 7. Sheriff's officers post the Writ of Restitution and Notice of Judgment (when applicable) with a date of at least 48 hours from the time the Writ of Restitution is posted or served by a Sheriff's Deputy. The landlord is given the actual date which is the first available on our eviction schedule, which is scheduled at least 48 hours after the Writ of Restitution is posted. Simply put, the Writ of Restitution is executed at least 96 hours after the judge signs it. We feel that this enhances the possibility that tenants will vacate the premise in the first 48 hours to avoid removal by the Sheriff's office. Sheriff's Civil Deputies will respond only on the eviction date given to the landlord.

    Property removed from any residence deemed to be a danger to the public will be impounded by the Civil Deputy (firearms, fuels, etc.).

     

    IMPORTANT NOTES REGARDING EXECUTION:

    • The Sheriff’s Office requires the landlord to hire & be responsible for all necessary movers, towers, & locksmiths.
    • If the tenant & their belongings are not out by the scheduled time, it is the responsibility of the landlord to remove the tenant’s belongings from the premises.
    • The landlord is required to provide enough manpower to remove all belongings within the two hour scheduled period at his expense. The Civil Deputy will stand by to keep the peace while the premise the cleared.
    • If the execution exceeds the scheduled time of 2 hours, any additional hours will be charged to the landlord at actual cost.
    • The landlord (or agent hired to be present in place of the landlord) must be present at the scheduled time of eviction.
    • If the landlord or agent fails to arrive, the eviction may be canceled by the Deputy.
    • If tenants vacate the premises before the scheduled date for eviction, please contact the Sheriff's Office Civil Division at 970-328-8500 to cancel the eviction. IF CANCELED AT LEAST 24 HOURS BEFORE your scheduled eviction time, this can save you the additional costs of the execution part of the writ.
    In the case of removal of a mobile home, the landlord is responsible for arranging transportation & qualified personnel to remove skirting & make the needed disconnection at the landlord’s expense, if the tenant fails to do so, prior to eviction date. No mobile home can be towed without meeting Colorado State Statues applying to movement of mobile homes on public roadways. The landlord is responsible for having a specific location to store the mobile home. Mobile homes may not be placed on the side of public roadways.
    The total eviction process takes approximately three weeks from the date the first notice was posted. Should you have any questions or problems with this process, it might be advisable to contact an attorney of your choice. Eagle County Sheriff’s Office Civil Division can be reached at (970) 328-8500.