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Housing Cases
Housing Cases

Mobile Home Evictions

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These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Respond to Eviction Paperwork

How to Respond to Eviction Paperwork

You are the Defendant if you receive eviction paperwork from a process server, sheriff, or other individual, or find the paperwork posted on the door to your mobile home or in a place that is easily seen at your mobile home.

If you are the Defendant, do not ignore the Complaint. If you do, you could automatically lose the case and owe the Plaintiff (i.e., the person who is suing you) money and/or be removed from the mobile home space.

 

Forms

  • JDF 142 - Eviction Answer (mobile home).

 

Tell your side of the story on the form. Why do you or don't you owe the money? Why shouldn't you be removed from the mobile home space?

 

Counterclaims and Crossclaims

A Defendant can sue the person that filed the Complaint by filing what is called a Counterclaim. If you would like to file a Counterclaim against your landlord (the Plaintiff), tell the court that you want to sue the Plaintiff in "number two" on the Answer form you receive. Write about why you want to sue the Plaintiff.

If there are other Defendants named in the Complaint, you could sue them by filing what is called a Crossclaim. For example, your roommate may be named in the Complaint; if you gave your roommate money to pay the rent, but he/she didn't give your money to the landlord, you would file a Crossclaim against your roommate. To file a Crossclaim, tell the court that you want to sue the other Defendant(s) in "number three" on the Answer form. Write about why you want to sue the other Defendant(s).

 

How to Submit Paperwork to the Court and Notify the Other Parties

 

Give the Answer (and Counterclaim and/or Crossclaim, if you have them) to the court where the case was started and send it to the Plaintiff and other Defendant(s):

  1. Complete the Certificate of Mailing on the bottom of page two of the Answer form to show the judge that you will mail a copy of the Answer to the Plaintiff and/or other Defendant(s).
  2. Mail a copy of the Answer to the Plaintiff (and other Defendant[s], if applicable) on the same day that you give the Answer to the court. If the Plaintiff has an attorney, mail a copy of the Answer to the attorney. Make copies of your Answer before submitting it to the court so you can do this.
  3. Pay the filing fee. Visit the File Without Payment section for a list of fees and the fee waiver process.
    • Note: You may request a jury trial. You must pay the jury demand fee and your filing fee. Your request will only be granted if you are entitled to a jury trial under current Colorado law.

 

What Happens Next?

 

The court clerk may set a new hearing date. Both parties must appear on the new date set by the court.

Note: If you requested a jury trial, or if either person asks to delay the trial more than 5 days, you or other person(s) in the case may be required to post a bond or other amount of money.

If you do not understand this information, you may want to contact an attorney.

About the Hearing

For tips for your court date and hearing, as well as information about the possible outcomes of your hearing, please see What to Do on Your Court Date.

Additional Resources