Colorado Substituted Agreement
Description
How to fill out Substituted Agreement?
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FAQ
(1) A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.
The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.
Perryman, 134 Colo. 586, 307 P. 2d 805 (1957) (For an enforceable contract to exist there must be mutual assent to an exchange between competent parties, legal consideration, and sufficient certainty with respect to the subject matter and essential terms of the agreement.).
The purpose of a summons is to notify the defendant that an action has been brought against him, by whom, the place and court in which the same is brought, the relief demanded, and the time within which he must appear and answer in order to escape a judgment by default.
Colorado courts have found venue in a county is proper when a corporation is served at its principal place of business in that county, suggesting a corporation is a resident of at least that county.
The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response.
In Colorado, a defendant must respond to a summons and complaint within: Twenty-one days of being personally served within the state with a summons and complaint.
(m) Time Limit for Service. If a defendant is not served within 63 days (nine weeks) after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-shall dismiss the action without prejudice against that defendant or order that service be made within a specified time.
When attempts to serve you personally have proved unsuccessful, a savvy process server will simply hand the papers off to a workmate or other competent person to then give to you. Another option is to send the papers to you in the mail via certified postage. These also can be sent either to your home or work.
The plaintiff's choice of venue is usually proper if the court is located in a judicial district where the defendant resides or where the events giving rise to the claim occurred. A lawsuit may, however, be transferred to another US venue if that venue is more convenient or if the plaintiff's chosen venue is improper.
