Judgement Passed Against Me But I Was Never Served

[m311b]

I have not lived at my parents house for 7 years at least, but on occasion they receive mail for me and put it in a basket. Every other month or so, whenever I have a chance to see my family, I'll check it out.

I open a letter from an attorney stating that the local county court had ruled in favor of them and filed a judgement against me for some old credit card debt. I ask my parents about this, and my mom tells me that a month or so ago someone came beating on the door at 9PM on a Sunday night when she was there alone and wouldnt go away so finally she had answered the door. They told me they were serving a summons for me and she told them the same thing, that I hadn't lived there for years. She said they made her take it anyways, but she didnt sign anything and told them that she doesnt see me on any kind of regular basis. Thanks Mom

Anyways, I dispute this debt, I have no idea where it came from, but now all of a sudden I have a 3000.00 judgement filed against me.

Is this legal? I was never served nor aware of this, and I was never given the chance to dispute it. And how can a judgement be passed without proving that I was served?

[seniorjudge]

You need to file a motion to set aside the default judgment based on the fact that you did not live at the house where you were served (if that, in fact, is true).

You will need to have mom testify as to her idiocy.

[m311b]

Yes, its true. Have not lived there since 2000. How does one go about filing a motion?

[seniorjudge]

Yes, its true. Have not lived there since 2000. How does one go about filing a motion?

Google is your friend.

Try your state + small claims or your state + "set aside default judgment".

Do your homework if you are going to represent yourself.

[aaron]

You chose not to disclose your state, which makes it difficult to respond in anything beyond generalities.

[seniorjudge]

You chose not to disclose your state, which makes it difficult to respond in anything beyond generalities.

In general, I agree with your particularities, but, to be more specific, I would have to broaden the scope of my assertions.

I hope this clears things up.....

[m311b]

I apologize - I meant to state in my original post that I live in Colorado. I have done some searches but haven't really found any good information so far.

But when I did use your search terms "set aside default judgement" I did get a good start. Guess I just needed the proper terminology. Thanks.

[aaron]

This is probably governed by the Colorado Court Rules, Section 55(c) and 60(b):

Rule 55. Default

(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.

(b) Judgment. A party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, guardian ad litem, conservator, or such other representative who has appeared in the action. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least three days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper. However, before judgment is entered, the court shall be satisfied that the venue of the action is proper under Rule 98.

(c) Setting Aside Default. For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60 (b).

(d) Plaintiffs, Counterclaimants, Cross Claimants. The provisions of this Rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54 (c).

(e) Judgment Against an Officer or Agency of the State of Colorado. No judgment by default shall be entered against an officer or agency of the State of Colorado unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.

(f) Judgment on Substituted Service. In actions where the service of summons was by publication, mail, or personal service out of the state, the plaintiff, upon expiration of the time allowed for answer, may upon proof of service and of the failure to plead or otherwise defend, apply for judgment. The court shall thereupon require proof to be made of the claim and may render judgment subject to the limitations of Rule 54 (c).

Rule 60. Relief from Judgment or Order

(a) Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the case is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

(b) Mistakes; Inadvertence; Surprise; Excusable Neglect; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1) and (2) not more than six months after the judgment, order, or proceeding was entered or taken. A motion under this section (b) does not affect the finality of a judgment or suspend its operation. This Rule does not limit the power of a court: (1) To entertain an independent action to relieve a party from a judgment, order, or proceeding, or (2) to set aside a judgment for fraud upon the court; or (3) when, for any cause, the summons in an action has not been personally served within or without the state on the defendant, to allow, on such terms as may be just, such defendant, or his legal representatives, at any time within six months after the rendition of any judgment in such action, to answer to the merits of the original action. Writs of coram nobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.