Default judgement?

[SiliconDawn]

What is the name of your state (only U.S. law)? Colorado

I have been served a summons for court over a debt from 4 years ago. I do not owe any of this but sadly can't prove most of it (long story but might be able to prove I don't owe about 2/3 of it). I am going to try and negotiate with the CA about making payments on the part I can't prove I don't owe but if they won't work with me (payments and dropping the case) then what? I am currently unable to afford to file a response with the courts (not until I get paid on July 7th, maybe, and the court date is the 12th) but I also don't qualify to have the fee waived. If I don't file a response but I DO go to court on the day and time listed will I STILL get a default judgement against me?

 

[adjusterjack]

Does the summons and complaint require you to file a written answer by (date)?

If yes, what date?


Meantime, read Rule 55:

COLORADO RULES OF CIVIL PROCEDURE - CHAPTER 6 JUDGMENT - JUDGMENT
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 7 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).

 

[SiliconDawn]

It basically says that on July 12th at 1:30 pm a judgment may be entered against us and if we do not agree with the complaint then we must either:
A Go to the court at the time and date listed.
B File an answer with the court before that time.

Sounds straightforward, I thought, but some other people on a different board were basically saying that if I didn't file an answer before that it could still be a default judgment. So I wanted to double check with a second opinion. It also says above that though "If an answer is not filed the court may be asked to enter a judgment against you as set forth in the complaint." So... which is it? Do I have to file before the date, or can I just go in on the date? I feel like it's giving me conflicting info. But, if I'm reading what you posted correctly, then... no default if I show up and I'll get a chance to defend myself?

Ugh. Legal stuff is so complex and confusing. I'm so thankful this forum is here. Thank you.

 

[adjusterjack]

It basically says that on July 12th at 1:30 pm a judgment may be entered against us and if we do not agree with the complaint then we must either:
A Go to the court at the time and date listed.
B File an answer with the court before that time.

"Basically says" or actually says?

If that's a direct quotation of the words then you can choose one or the other and you don't have to do both.

Appearing in court on the 12th should avoid a default judgment.

Be prepared to present "EVIDENCE" in your defense. That means produce documents that show how much or how little, if any, you owe.

You can bet that the plaintiff will bring documentary evidence that you aren't likely to be able to refute just on sayso.

 

[SiliconDawn]

Not a direct quote but yes, that's what it says. If needed I can type it out word for word, it's just really long. Heh.

When I requested validation of the debt they sent me a partial lease that appears to have been doctored (original lease had many more pages and the manager had made numerous notes in the margins detailing repairs they were to make, etc, but the lease they sent me has none of that). Unfortunately I no longer have my copy of it anymore since it's from years ago (though I do have pictures from the day we moved in showing all the damage that was already there). Someone on a different site suggested requesting "discovery" and asking for the original lease to inspect and orginal manager's name (new manager took over a couple weeks after we moved in which is part of the problem). They also suggested requesting a continuance so to locate the original managed and subpoena her as a witness. No one has told me HOW to do these things and when I look it up I just get more confused.