Colorado § 38-36-121 - Contents of summons - service.
Full text of Colorado Colorado Revised Statutes § 38-36-121 — Contents of summons - service., with citation guidance and answers to common questions.
§ 38-36-121. Contents of summons - service.
The summons shall be directed to the defendants and require them to appear and answer the application within twenty days after the service of the summons, exclusive of the day of service. The summons shall be served as is provided for the service of summons in civil actions in the district court in this state, except as otherwise provided in this article. The summons shall be served upon nonresident defendants and upon "all such unknown persons or parties", defendant, by publishing said summons in a newspaper of general circulation printed and published in the county where the application is filed, once in each week for three consecutive weeks, and such service by publication shall be deemed complete at the end of the twenty-first day from and including the first publication. If any named defendant assents in writing to the registration as prayed for, which assent shall be endorsed upon the application or filed therewith and be duly witnessed and acknowledged, then in all such cases no service of summons upon said defendant shall be necessary.
Source: L. 03: p. 320, § 20. R.S. 08: § 734. C.L. § 4944. CSA: C. 40, § 189. CRS 53: § 118-10-21. C.R.S. 1963: § 118-10-21.
Cross references: For the competency of newspapers and the construing of publication periods, see § 24-70-106; for service of summons, see C.R.C.P. 4(e) to 4(h).
ANNOTATION
Law reviews. For article, "The Torrens Title System in Colorado", see 39 Dicta 40 (1962).
Notice complies with due process. Notice to unknown persons, as provided by this section, complies with due process of law. White v. Ainsworth, 62 Colo. 513, 163 P. 959, 1918E Ann. Cas. 179 (1917).
Published notice is sufficient without notice by name to those outside the state. White v. Ainsworth, 62 Colo. 513, 163 P. 959, 1918E Ann. Cas. 179 (1917).
Provisions of the Torrens Title Registration Act govern service of process in case brought under the Torrens Act. Rael v. Taylor, 876 P.2d 1210 (Colo. 1994).
Applied in Gerbig v. Spelts, 89 Colo. 201, 300 P. 606 (1931).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-36-121
What does Colorado Revised Statutes § 38-36-121 cover?
Section 38-36-121 ("Contents of summons - service.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-36-121?
A common citation format is "Colorado Revised Statutes § 38-36-121" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-36-121 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.