Colorado
I was served a paper saying Standing Interrogatories. Researched what it even was. Called the County. Found out I was served a summons while being out of town. (Have phone records, conference invoice, and witnesses). So I filed a Motion to Set Aside Default Judgment. The county is saying I need to complete the Interrogatories prior to my Motion being reviewed around the 27th. I don't want them to contact my employer. If I pay them with a cashiers check, is my Motion useless? (?) I also can't get a call back from the HOA lawyer. Any advice?
If you pay what to whom? What means "useless"?
What you are looking at are commonly called debtor's interrogatories or post judgment discovery. (Here issued pursuant to Colorado Rules of Civil Procedure.) As they indicate you have fourteen (14) to respond with appropriate/correct answers and under penalty of perjury. Failure to do so would likely result in your being held in contempt of court and suffer sanctions, including the possibility of being taxed for the judgment creditor's attorney fees in seeking a contempt citation and order to compel.
If your pronoun "
them" refers to the judgment creditor and you "
pay them with a cashiers check" in full satisfaction of the judgment, obviously your motion to vacate would be moot.
HOWEVER, your intentions are not made clear!
If I have interpreted this "
PAY THEM" business correctly, it signifies that you acknowledge the legitimacy of the underlying debt and the accuracy of the creditor's claim. If so, why are you wasting everyone's time in an effort to have the judgment set aside and why this post?
If you don't agree that you owe the money and intended to pursue your motion to vacate, then why this business of securing a "cashiers check"? For what purpose and to whom?
If you are thinking that you could pay the judgment and await the results of your motion to vacate in hopes of success and a refund from the creditor, and in the meantime the Interrogatories would be shelved, FORGET IT! Once that judgment is paid the case is over and forgotten - permanently!
Also, be aware that unless you have a meritorious defense to the creditor's claim giving rise to the judgment which you must state and so verify under penalty of perjury, the court is not about to disturb the judgment! Why would the judge use up part of his daylight in setting aside a default and set the case down for trial only to have the judgment reinstated for failure of the defendant to present a meritorious defense?
If it is your intention to pursue your motion to vacate, PLEASE UNDERSAND that it does not per se suspend your duty to respond to the post judgment interrogatories.
Good luck!
