Colorado § 13-40-112 - Service.

§ 13-40-112. Service.

(1) A summons may be served by personal service as in any civil action. A copy of the complaint must be served with the summons. If a defendant provides the plaintiff with written or actual notice that the defendant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the plaintiff shall only perfect service through personal service to the defendant who provided the written or actual notice.

(2) Except as provided in subsection (1) of this section, if personal service cannot be made upon the defendant by a person qualified under the Colorado rules of civil procedure to serve process, after having made diligent effort to make the personal service, the person may make service by posting a copy of the summons and the complaint in some conspicuous place upon the premises. In addition, the plaintiff shall mail, no later than the next business day following the day on which the plaintiff files the complaint, a copy of the summons, or, in the event that an alias summons is issued, a copy of the alias summons, and a copy of the complaint to the defendant at the premises by postage prepaid, first-class mail.

(3) Personal service or service by posting shall be made at least seven days before the day for appearance specified in such summons, and the time and manner of such service shall be endorsed upon such summons by the person making service thereof.

(4) For purposes of this section, "business days" means any calendar day excluding Saturdays, Sundays, and legal holidays.

Source: L. 1885: p. 227, § 11. L. 1887: p. 273, § 6. R.S. 08: § 2611. C.L. § 6377. CSA: C. 70, § 12. CRS 53: § 58-1-12. L. 61: p. 392, § 4. C.R.S. 1963: § 58-1-12. L. 64: p. 470, § 3. L. 83: (2) and (3) amended, p. 632, § 1, effective May 26. L. 84: (2) and (3) amended, p. 465, § 1, effective March 16. L. 87: (2) amended, p. 566, § 3, effective March 13. L. 2004: (2) and (3) amended and (4) added, p. 594, § 2, effective July 1. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 825, § 11, effective July 1. L. 2025: (1) and (2) amended, (HB 25-1168), ch. 229, p. 1054, § 9, effective May 22.

Cross references: (1) For the procedure for service of process, see C.R.C.P. 4.

(2) For the legislative declaration in HB 25-1168, see section 1 of chapter 229, Session Laws of Colorado 2025.

ANNOTATION

An actual appearance always cures a defective service of a summons, when, except for such defect, the court would have jurisdiction of the person and the subject matter of the suit. Tyler v. McKenzie, 43 Colo. 233, 95 P. 943 (1908).

Landlord properly can take possession of abandoned apartment without resort to legal process. Martinez v. Steinbaum, 623 P.2d 49 (Colo. 1981).