Colorado Sample Letter for Summons by Publication for Defendant - Affidavit of Counsel

• Category: Letters - Legal - Affidavits
• State: Multi-State
• Control #: US-0306LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, Zip] [Date] [Defendant's Name] [Defendant's Address] [City, State, Zip] Re: [Case Number] Dear [Defendant's Name], I hope this letter finds you in good health. I am writing to inform you that a legal action has been filed against you in the [County] County Court of Colorado, under the case number [Case Number]. It has come to our attention that all attempts to personally serve you with the summons in this matter have been unsuccessful. As per the Colorado Rules of Civil Procedure, if personal service cannot be achieved, service by publication is an authorized method. In accordance with this rule, we are providing you with a detailed explanation of the process and the necessary information. 1. Purpose of the Affidavit of Counsel: The purpose of filing an Affidavit of Counsel is to establish that diligent efforts were made to locate and personally serve the defendant with the summons but were unsuccessful. This affidavit serves as evidence to the court that alternate methods of service, such as service by publication, are necessary. 2. Affidavit Signatory: The Affidavit of Counsel will be signed by the attorney representing the plaintiff. In this case, I am representing [Plaintiff's Name] as their legal counsel. 3. Content of the Affidavit: The Affidavit of Counsel will include crucial information required by the court, such as: a. Details of the pending lawsuit against the defendant. b. The plaintiff's attempts to locate and personally serve the defendant. c. Supporting evidence or documentation of the attempts made. d. The conclusion that service by publication is the appropriate next step based on the diligent efforts made to serve the defendant personally. Please note that the Affidavit of Counsel must be signed before a notary public to ensure its validity. In accordance with the Colorado Rules of Civil Procedure, once the Affidavit of Counsel is filed with the court, the publication of the summons will be made in a newspaper of general circulation in the county where the lawsuit has been filed. The publication will run for a specific period, usually four consecutive weeks, providing reasonable notice to the defendant. It is essential to understand that ignoring this summons or failing to respond within the stipulated timeframe may result in a default judgment being entered against you. Therefore, it is strongly advised that you consult with an attorney to understand your rights and responsibilities in this matter. Should you have any questions or need further clarification regarding the Affidavit of Counsel or the general lawsuit proceedings, please feel free to contact me at [Your Phone Number] or [Your Email Address]. Your prompt attention to this matter is appreciated. Yours sincerely, [Your Name] [Your Law Firm/Organization Name] [Phone Number] [Email Address]

[Your Name] [Your Address] [City, State, Zip] [Date] [Defendant's Name] [Defendant's Address] [City, State, Zip] Re: [Case Number] Dear [Defendant's Name], I hope this letter finds you in good health. I am writing to inform you that a legal action has been filed against you in the [County] County Court of Colorado, under the case number [Case Number]. It has come to our attention that all attempts to personally serve you with the summons in this matter have been unsuccessful. As per the Colorado Rules of Civil Procedure, if personal service cannot be achieved, service by publication is an authorized method. In accordance with this rule, we are providing you with a detailed explanation of the process and the necessary information. 1. Purpose of the Affidavit of Counsel: The purpose of filing an Affidavit of Counsel is to establish that diligent efforts were made to locate and personally serve the defendant with the summons but were unsuccessful. This affidavit serves as evidence to the court that alternate methods of service, such as service by publication, are necessary. 2. Affidavit Signatory: The Affidavit of Counsel will be signed by the attorney representing the plaintiff. In this case, I am representing [Plaintiff's Name] as their legal counsel. 3. Content of the Affidavit: The Affidavit of Counsel will include crucial information required by the court, such as: a. Details of the pending lawsuit against the defendant. b. The plaintiff's attempts to locate and personally serve the defendant. c. Supporting evidence or documentation of the attempts made. d. The conclusion that service by publication is the appropriate next step based on the diligent efforts made to serve the defendant personally. Please note that the Affidavit of Counsel must be signed before a notary public to ensure its validity. In accordance with the Colorado Rules of Civil Procedure, once the Affidavit of Counsel is filed with the court, the publication of the summons will be made in a newspaper of general circulation in the county where the lawsuit has been filed. The publication will run for a specific period, usually four consecutive weeks, providing reasonable notice to the defendant. It is essential to understand that ignoring this summons or failing to respond within the stipulated timeframe may result in a default judgment being entered against you. Therefore, it is strongly advised that you consult with an attorney to understand your rights and responsibilities in this matter. Should you have any questions or need further clarification regarding the Affidavit of Counsel or the general lawsuit proceedings, please feel free to contact me at [Your Phone Number] or [Your Email Address]. Your prompt attention to this matter is appreciated. Yours sincerely, [Your Name] [Your Law Firm/Organization Name] [Phone Number] [Email Address]