How Can I Eliminate A Default Judgment In Colorado?
It can happen. You’re minding your own business in your cubicle at work and someone from payroll shows up and lets you know they just got a garnishment order. Your next check is going to be light by about 25%.
You wonder how this can be, especially since you never knew anything about a lawsuit.
The first thing you should do is to get a copy of the paperwork that your payroll department got. (You should know that once your employer gets an order to garnish, they have to comply.) Find the case number from the court on the paperwork, or, better yet, find out what law firm filed the lawsuit.
It’s possible for a creditor to get a default judgment against you without you going to court, but in Colorado, they have to serve the lawsuit. When you call the law firm, ask for a copy of the proof of service, which will show where and when you were supposedly served. If they don’t cooperate, then call the court that the lawsuit was filed in. You might have to make a visit to the clerk of court to see a copy of the proof of service.
In Colorado, a lawsuit must be served in person. But it can be served on an adult who lives in your home, such as a spouse. Or it can be served on your boss or an administrative assistant at work. If the proof of service shows that someone was served that you don’t know or at an address you never lived at, you might be able to get the judgment set aside.
To get a judgment set aside, you need to file a Motion to Set Aside Judgment Based on Defective Service. Once you file the motion, the court will set a date for a hearing on the motion. At the hearing, you’ll get a chance to present evidence why the case was never served on you. If you persuade the court, then the judgment will be vacated and the creditor will have to serve you again.
Be careful, though. The creditor may bring a witness who can testify that he served you personally or someone who lived with you. It could make things very awkward if someone has better evidence than you to show that you were properly served.
Talk To A Colorado Bankruptcy Lawyer About How To Eliminate A Default Judgment
If someone has gotten a default judgment against you, either with or without your knowledge, bankruptcy may be your best option to stop their collection activity. If you have questions about how bankruptcy can help, we hope you’ll come in for a free, no-obligation consultation with an experienced attorney. You can call 303.331.3403 or use our online scheduling system to make an appointment.
Check out our client reviews on Google, Facebook, and Avvo!