Civil Division - Eviction Process

The First step in the Eviction Process is a Notice to Quit or to Vacate or a Demand for Compliance or Possession and this can be served personally, or can be posted to the most frequently used door of the residence.  This is for the tenants and all others residing at the same place of abode

If the tenants or all others residing at the residence fails to vacate the premises, or to meet certain terms, then you must take the document with the return of service attached to the Garfield County Courthouse and if the Garfield County Courts find step one has been completed correctly, you will fill out a Forceful Entry and Detainer packet which will have a court date on it. This must also be served to the tenants and all others at the residence. This needs to be served in a timely manner and can be served personally or can be posted to the most frequently used door of the residence.

At the day of court, if the court renders a verdict in the favor of the Landlord-Property Manager, a Writ of Restitution will be issued. The Writ of Restitution is an order to remove tenants and their possessions. This Writ must be brought to the Sheriffs Civil Unit and will be posted or served personally at the eviction address. At that time, a Warning Letter will also be served with the Writ of Restitution advising the defendants when the eviction will be taking place. This will be no sooner than 48 hours after the courts sign the Writ of Restitution. This will be done with the availability of the Garfield County Sheriffs Department and the wishes of the Plaintiffs.

The Plaintiff must provide a valid original Writ of Restitution to the Garfield County Sheriffs Department. The Civil Division will be supervising the removal of the possessions of the defendants by the Plaintiffs to make sure it is done in a controlled manner and that all items are left on the nearest curb. The Civil Division also require that the Plaintiff bring boxes and trash bags to hold small items and during inclement weather, plastic sheeting is needed to protect the tenant’s property. The Plaintiff will also need to have a key or locksmith available and to provide appropriate tools for dismantling and or draining beds, fish tanks, washers and dryers, and etc.  It is required that the Plaintiff provides enough manpower to move all belongings out within an hour.  If this is not possible, additional charges will be added. 

Additional responsibilities of the Garfield County Sheriffs Department are to take into custody all Guns and Weapons found on the premises. The Garfield County Sheriffs Department will also arrange with Animal Control to pick up pets should the defendants not be present during the eviction and also to contact the necessary agencies if drugs or drug paraphernalia is found on the premises.

The Garfield County Sheriffs Department will safeguard the defendant’s property as long as we are on scene all property removed during the eviction and not watched by the defendants or their representative is considered abandoned property. Anyone wishing to know the disposition of abandoned property should talk to an attorney.

Phone numbers: (970) 945-1377 or (970) 945-0453 Ext: 4612 or 1044

Office Hours: Mon-Fri 8:00 am- 5:00 pm. Closed on Holidays

 

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