The first step in the Eviction Process is a Notice to Quit or to Vacate or a Demand for Compliance or Possession. This can be served personally, or can be posted in a prominent location to the property. 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 fail 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. If the Garfield County Courts find step one has been completed correctly you will fill out a Forcible Entry and Detainer packet which will have a court date on it. This must be served to the tenants and all others at the residence. The packet needs to be served in a timely manner and can be served personally, or can be posted in a prominent location to the property.
At the day of court, if the court renders a verdict in favor of the Landlord or 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 Sheriff’s Civil Division and will be posted at the eviction address, accompanied by an Eviction Notice. These will be posted in a timely manner, even though the Writ is normally not effective until ten (10) days after the courts issue it. The eviction will be done with the availability of the Garfield County Sheriff’s Office.
The Plaintiff must provide a valid original Writ of Restitution to the Garfield County Sheriff’s Office. 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 or public access. The Civil Division also requires that the Plaintiff brings trash bags to hold small items. The Plaintiff will 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 other items as needed. The Plaintiff is required to provide enough manpower to move all belongings out in a timely manner.
Additional responsibilities of the Garfield County Sheriff’s Office are to take into custody all guns, weapons, and contraband found on the premises. The Plaintiff or their representative is responsible for animals and/or pets found during an eviction.
The Garfield County Sheriff’s Office will safeguard the Defendant’s property as long as they 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.
Three Step Eviction Process
C.R.S. 13-40-101 et seq
Demand for Compliance of Right to Possession Notice
A Demand is the first step in the eviction process, generally known as a Demand for Compliance or Possession. Other documents that are available: Notice to Quit or a Notice to Vacate. This document needs to be served personally and/or posted.
Summons in Forcible Entry and Unlawful Detainer
The second step in the eviction process. Once Step 1 has been completed, and time for compliance has elapsed, the second step is to file a Summons and Complaint in Forcible Entry with the courts. This document needs to be served personally and/or posted.
Writ of Restitution
The third and final step is the issuance of a Writ of Restitution. This occurs after a court date and/or possible trial. This is an order from the courts directing the Sheriff’s Office to remove the Defendant(s) and their property from the premises and restore possession to the Plaintiff. The Writ of Restitution is not effective until 48 hours after issuance, is effective for 49 days from issuance, and shall automatically expire thereafter.
Questions for a Civil Deputy?
- Glenwood Springs Office – (970) 384-3612
- Rifle Office – (970) 665-0203
- Email – [email protected]
Please note: The Garfield County Sheriff’s Office reserves the right to suspend or terminate an eviction if health hazards are located on the premises. The content on this web page is for informational purposes only and does not constitute legal advice. It is merely a guideline for what to expect from the Sheriff’s Office regarding Evictions. Every case is different, therefore, if you have legal questions please contact an attorney.