(1) Such summons may be served by personal service as in any
civil action. A copy of the complaint must be served with the summons.
(2) If personal service cannot be had upon the defendant by a person qualified under the
Colorado rules of civil procedure to serve process, after having made diligent effort to make
such personal service, such person may make service by posting a copy of the summons and the
complaint in some conspicuous place upon the premises. In addition thereto, the plaintiff shall
mail, no later than the next business day following the day on which he or she 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.
Cross references: For the procedure for service of process, see C.R.C.P. 4.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1979–2026 · leading case:
Greene v. Lindsey, 456 U.S. 444 (1982).
Greene v. Lindsey, 456 U.S. 444 (1982).
· cites it 2× “Code §§ 6-6-332 , 35-9-82 (1975); Colo. Rev. Stat. § 13-40-112 (1973); Fla.”
Martinez v. Steinbaum, 623 P.2d 49 (Colo. 1981).
· cites it 8× “Prior to trial the appellant filed a motion to declare section 13-40-112, C.R.S.1973, unconstitutional because it allows service in an unlawful detention action to be effected by the posting of notice on the premises.”
Butler v. Farner, 704 P.2d 853 (Colo. 1985).
· cites it 2× “” Section 13-40-112, 6 C.R.S. (1973 & 1984 Supp.”
Aspen Plaza Co. v. Garcia, 691 P.2d 763 (Colo. Ct. App. 1984).
· cites it 2× “At the time the default judgment for possession was entered, service had been made upon lessee by posting pursuant to § 13-40-112(2), C.R.S. (1983 Cum.Supp.). The trial court properly continued the case for further hearing on the issues of damages, rent, and attorneys’ fees…”
Magliocco v. Olson, 762 P.2d 681 (Colo. Ct. App. 1987).
· cites it 2× “Service of the summons and complaint was by posting pursuant to § 13-40-112(2), C.R.S. (1987 Repl.Vol. 6A), and tenant had actual notice of the action.”
Lindsay v. Dist. Court ex rel. City & Cnty. of Denver, 694 P.2d 843 (Colo. 1985).
· cites it 4× “(2) Upon such trial or further hearing under this article after personal service is had upon the defendant in accordance with section 13-40-112(1), if the court or jury has not already tried the issue of unlawful detainer, it may do so, and if it finds the defendant has…”
In Re Mercy Hous. Mgmt. Grp. Inc. v. Naomi Bermudez., 2024 CO 68 (Colo. 2024).
· cites it 9× “Subsection (1) applies when the defendant could not be personally served pursuant to section 13-40-112(1), C.R.S. (2024), and "service was had only by posting in accordance with section 13-40-112(2).”
Woodruff v. Tschetter (Colo. Ct. App. 2026).
· cites it 2× “See § 13-40-112(2), C.R.S. 2023. 5 ¶8 None of the tenants paid by the due date, and the landlords initiated FED actions against them.”
Burrows v. Greene, 599 P.2d 258 (Colo. 1979).
· cites it 3× “4 and section 13-40-112, C.R.S. 1973. This raised the question of whether the court had jurisdiction over the person of Burrows.”
Burrows v. Greene, 599 P.2d 258 (Colo. 1979).
· cites it 3× “4 and section 13-40-112, C.R.S. 1973. This raised the question of whether the court had jurisdiction over the person of Burrows.”
— Colo. Rev. Stat. § 13-40-112(1) — 2 cases
Lindsay v. Dist. Court ex rel. City & Cnty. of Denver, 694 P.2d 843 (Colo. 1985).
“(2) Upon such trial or further hearing under this article after personal service is had upon the defendant in accordance with section 13-40-112(1), if the court or jury has not already tried the issue of unlawful detainer, it may do so, and if it finds the defendant has…”
In Re Mercy Hous. Mgmt. Grp. Inc. v. Naomi Bermudez., 2024 CO 68 (Colo. 2024).
“Subsection (1) applies when the defendant could not be personally served pursuant to section 13-40-112(1), C.R.S. (2024), and "service was had only by posting in accordance with section 13-40-112(2).”
— Colo. Rev. Stat. § 13-40-112(2) — 6 cases
Aspen Plaza Co. v. Garcia, 691 P.2d 763 (Colo. Ct. App. 1984).
“At the time the default judgment for possession was entered, service had been made upon lessee by posting pursuant to § 13-40-112(2), C.R.S. (1983 Cum.Supp.). The trial court properly continued the case for further hearing on the issues of damages, rent, and attorneys’ fees…”
Martinez v. Steinbaum, 623 P.2d 49 (Colo. 1981).
“Prior to trial the appellant filed a motion to declare section 13-40-112, C.R.S.1973, unconstitutional because it allows service in an unlawful detention action to be effected by the posting of notice on the premises.”
Magliocco v. Olson, 762 P.2d 681 (Colo. Ct. App. 1987).
“Service of the summons and complaint was by posting pursuant to § 13-40-112(2), C.R.S. (1987 Repl.Vol. 6A), and tenant had actual notice of the action.”
Lindsay v. Dist. Court ex rel. City & Cnty. of Denver, 694 P.2d 843 (Colo. 1985).
“(2) Upon such trial or further hearing under this article after personal service is had upon the defendant in accordance with section 13-40-112(1), if the court or jury has not already tried the issue of unlawful detainer, it may do so, and if it finds the defendant has…”
In Re Mercy Hous. Mgmt. Grp. Inc. v. Naomi Bermudez., 2024 CO 68 (Colo. 2024).
“Subsection (1) applies when the defendant could not be personally served pursuant to section 13-40-112(1), C.R.S. (2024), and "service was had only by posting in accordance with section 13-40-112(2).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.