When serving a tenant with a Colorado Notice To Quit, must the Certificate Of Service of the Notice be notarized, either before or after serving the tenant?
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Hi! I have voted to close the question as asking for legal advice. Please reword so it is not specific to your situation. Also, this question is one that should be asked of a Colorado Attorney– AndrewCommented Jun 3, 2020 at 17:43
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2@Andrew While I get the objection to this is phrased, the issue is a quite general one, so I answered it (I am a Colorado attorney, FWIW, although not offering personal specific legal advice to this person in this answer. In a legal representation I would ask more questions before providing an answer.)– ohwillekeCommented Jun 3, 2020 at 21:56
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@ohwilleke Yes, I understand the answer can be generalized, but so can the question. Usually an answer can be generalized to most questions, even if they are asking for individualized advice. OP could easily restate as "When serving a tenant with a Notice to Quit in Colorado, does the Certificate of Service need to be notarize before or after service?"– AndrewCommented Jun 3, 2020 at 22:04
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I edited it to generalize the question– ohwillekeCommented Jun 3, 2020 at 22:11
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1 Answer
The notice to quit doesn't have to be notarized, and a certificate of service by mail is typically not notarized, but, proof of service by personal delivery usually is notarized.
The issue is how to prove that the notice to quit was delivered later on. If the return of service is notarized and filed with the court it can enter judgment (either a default judgment or a judgment on the merits) without separate testimony from the process server in most cases. If it isn't notarized, someone with personal knowledge of whether or not the notice was really delivered will have to testify to establish this fact, and establish that the document tendered is authentic with some kind of testimony.
To avoid this inconvenience, the better practice, although not strictly speaking required, is to notarize the certificate of service involving a notion to quit in an eviction action between a landlord and a tenant.
answered Jun 3, 2020 at 8:17
