Cal. Civ. Code § 13-40-112
Service.
Operative Text
(1) A summons may be served by personal service as in any civil action. A copy of the complaint must be served with the summons. If a defendant provides the plaintiff with written or actual notice that the defendant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the plaintiff shall only perfect service through personal service to the defendant who provided the written or actual notice. (2) Except as provided in subsection (1) of this section, if personal service cannot be made upon the defendant by a person qualified under the Colorado rules of civil procedure to serve process, after having made diligent effort to make the personal service, the person may make service by posting a copy of the summons and the complaint in some conspicuous place upon the premises. In addition, the plaintiff shall mail, no later than the next business day following the day on which the plaintiff 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.
Colorado Revised Statute § 13-40-112 governs how a summons and complaint must be delivered to a defendant in an eviction (forcible entry and detainer) case. Personal service is the standard method, but if a defendant has notified the plaintiff that they are a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, personal service is the only permitted method for that defendant. When personal service cannot be completed after diligent effort, the law allows an alternative method: posting the documents conspicuously on the premises and mailing copies by first-class mail no later than the next business day after the complaint is filed. In all cases, service must be completed at least seven days before the appearance date listed on the summons.
Plain English — not legal advice.
Under § 13-40-112, landlords initiating eviction proceedings must ensure that both the summons and a copy of the complaint are served together, and that service occurs at least seven days before the court appearance date. If a tenant has provided written or actual notice of being a victim-survivor of domestic violence, stalking, or related offenses, a compliant operator uses only personal service for that tenant — no posting or mail alternative is available in that circumstance. When personal service cannot be completed after diligent effort, operators typically post the documents in a conspicuous place on the premises and mail copies by prepaid first-class mail no later than the next business day after filing, keeping careful records of the time and manner of service as required by the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 13-40-112 establishes rules that a landlord must follow when serving eviction papers, and those rules can matter to tenants in how and when they receive notice of a court date. If you are a victim-survivor of domestic violence, stalking, unlawful sexual behavior, or domestic abuse, the law requires that you receive written notice of this status to the plaintiff, after which only personal service is permitted — the landlord cannot simply post papers on your door or mail them. Tenants who believe service was not completed in the manner or timeframe required by § 13-40-112 may be able to raise improper service as an issue in the eviction proceeding; tenant-rights organizations and legal aid offices can help explain what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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