Summary
A motion to set aside a default judgment can be filed in an eviction case if you were improperly served. In Colorado, you need to complete form JDF 78, provide a valid reason such as improper service, and file it with the court. Clearly state how the improper service occurred, such as the server giving paperwork to someone not on the lease, and provide supporting evidence. A judge may issue a stay if you demonstrate improper service. Consider seeking legal advice for personalized guidance.Full Conversation
Lukas
Hi Lukas! How can I assist you with your legal issue today?
What is a motion to set aside default judgment
A motion to set aside a default judgment is a request to the court to cancel or nullify a judgment made due to one party's failure to respond or appear in court.
In Colorado, reasons might include:
- Mistake, inadvertence, surprise, or excusable neglect
- New evidence
- Fraud or misconduct by the opposing party
Do you need help with filing this motion in Colorado?
Can you file a motion to set aside default judgment in an eviction cae
Hi Lukas! Yes, you can file a motion to set aside a default judgment in an eviction case in Colorado.
Here are the steps:
*. Complete the necessary form (JDF *).
*. Provide a valid reason (mistake, new evidence, fraud).
*. File the motion with the court where the judgment was entered.
*. Serve the motion to the opposing party.
Would you like guidance on how to complete the form or other assistance with the process?
Yes
Case Rating: *
Sure Lukas! To help you complete the form JDF *, could you please provide a bit more information about the reason you believe the default judgment should be set aside in your eviction case?
Improperly served with demand papers and summons
Case Rating: *
Hi Lukas! Given that you were improperly served with demand papers and summons, this could be a strong basis for your motion. Here’s some guidance:
- Clearly state in the form JDF * how the improper service occurred.
- Provide any evidence supporting your claim of improper service.
Would you like more specific guidance on filling out the form or any other assistance with your case?
Will a judge issue a motion to stay if i was improperly served
Case Rating: *
A judge may issue a stay if you can demonstrate that you were improperly served. This can halt the proceedings until the service issue is resolved.
- Clearly explain how the improper service happened.
- Provide evidence supporting your claim.
Would you like more specific guidance on how to present your case to the judge?
Yes
Case Rating: *
Hi Lukas! To better assist you, could you please describe in detail how the improper service occurred? This information is crucial for presenting your case effectively to the judge.
The server stated he gave the paperword to lukas adams but in fact gave it to my wife who is not on the lease
Case Rating: *
Hi Lukas! Given the situation you described, you have a valid point regarding improper service. Here's how you can proceed:
- Clearly describe in your motion that the server gave the paperwork to your wife instead of you.
- Emphasize that your wife is not on the lease and hence not the correct person to receive such documents.
Would you like more detailed guidance on how to fill out the form JDF *, or any other specific assistance?
TRY ME!
Start a new chat