ColoradoDude
Junior Member
Colorado
Civil County Court
Hello,
Just less than 6 years ago a money judgment was ruled against me in county civil court (6 year s.o.l. for collection). I really haven't heard from the Creditor in all this time and expected them to file for a motion to revive judgment. I'm pretty informed about the process by which a Creditor can get a revived judgement. They must file a Motion then serve the debtor (me) with paperwork allowing me to answer why I don't think the judgment should be revived. That process is a required step in the Colorado Rules of Civil Procedure etc. I learned that a motion was filed and that the judge revived the motion stating something along the lines that the "Defendant didn't answer." Let me be 100% clear here...I was not served process nor did I receive a copy of the motion in the mail. No service, not personal, substitute or by publication, nothing! The court records also show that there is no affidavit of service attached to the motion or considered by the court. How is it possible that a judge would rule in favor of reviving the judgment when a required step (process) was clearly not given? I mean, I feel that I've a solid defense to put in a motion to set aside the revival of judgment (I think that's how I'd word it).
I'd like your thoughts and information. To make it abundantly clear as I'm sure I'd hear "consult your attorney." I cannot afford one, that's not an option. I'd have to pro se this. I have successfully been a pro se defendant in civil court before so it's not an entirely unknown. I'm just really perplexed as to how a judge would rule as he/she has. It's gotta be wrong, willful or othewise.
Civil County Court
Hello,
Just less than 6 years ago a money judgment was ruled against me in county civil court (6 year s.o.l. for collection). I really haven't heard from the Creditor in all this time and expected them to file for a motion to revive judgment. I'm pretty informed about the process by which a Creditor can get a revived judgement. They must file a Motion then serve the debtor (me) with paperwork allowing me to answer why I don't think the judgment should be revived. That process is a required step in the Colorado Rules of Civil Procedure etc. I learned that a motion was filed and that the judge revived the motion stating something along the lines that the "Defendant didn't answer." Let me be 100% clear here...I was not served process nor did I receive a copy of the motion in the mail. No service, not personal, substitute or by publication, nothing! The court records also show that there is no affidavit of service attached to the motion or considered by the court. How is it possible that a judge would rule in favor of reviving the judgment when a required step (process) was clearly not given? I mean, I feel that I've a solid defense to put in a motion to set aside the revival of judgment (I think that's how I'd word it).
I'd like your thoughts and information. To make it abundantly clear as I'm sure I'd hear "consult your attorney." I cannot afford one, that's not an option. I'd have to pro se this. I have successfully been a pro se defendant in civil court before so it's not an entirely unknown. I'm just really perplexed as to how a judge would rule as he/she has. It's gotta be wrong, willful or othewise.
