Chapter 12 - § 12.9 • DEFENDING THE ACTION

• Jurisdiction: Colorado

§ 12.9 • DEFENDING THE ACTION

The defendants in a QTA have several alternatives.

§ 12.9.1—Contest And Counter

If a defendant decides to contest the matter, an answer or other responsive pleading must be filed within 35 days after service of process (or 21 days if personal service is made in Colorado). A counterclaim and/or cross-claim to quiet title to some or all of the same land may be in order. See § 12.7.1. In such case, the defendant should file a notice of lis pendens, join any necessary third-party defendants, and serve them personally or by publication.

§ 12.9.2—Do Nothing

Of course, a defendant that has no claim to the property can abstain and allow a default to enter followed by a decree divesting that defendant of any interest. Costs will not ordinarily be assessed against a non-answering defendant. C.R.C.P. 105(c).

§ 12.9.3—Quitclaim

A prospective defendant may be requested by the plaintiff to sign and return a quitclaim deed. If the plaintiff tenders $20 and the deed at least 21 days prior to initiating the QTA, a defendant who refuses or neglects to execute and return the deed may be liable for costs if the plaintiff later prevails. C.R.C.P. 105(d). If you adopt this tactic, you may be able to reduce the number of defendants named in the QTA before you actually file the case.

§ 12.9.4—Disclaimer

A defendant may file an answer disclaiming any interest in the property. C.R.C.P. 105(c). A docket fee will be assessed for the answer. C.R.S. § 13-32-101(1)(d). Typically, disclaimers are filed without an answer (Form 12-8), even though C.R.C.P. 105(c) seemingly requires one. No docket fee will be charged for a disclaimer. C.R.S. § 13-32-101(3)(a). Do not confuse this disclaimer with the Rule 105(f)(3) disclaimer (Form 8-3). See § 12.7.2. Certain perfunctory parties, such as the county treasurer and the public trustee, may be willing to disclaim any interest for no docket fee and should be contacted. A disclaiming party will not ordinarily be taxed costs. C.R.C.P. 105(c). If, however, after filing an answer, a defendant initiates discovery or otherwise causes the plaintiff to expend time and effort, and then disclaims before or during trial, costs as well as attorney fees may be assessed. Do not dismiss any disclaiming parties from the action or the decree will not be effective against them.

§ 12.9.5—Other Responses To A Quiet Title Action

When a client informs you that he or she has been sued in a quiet title case, you should consider some other...