Eviction Process And Rent Recovery

Summary

To proceed with an eviction and recover unpaid rent in Colorado, contact the court clerk to set a hearing for your motions. You can file a motion for entry of judgment for past due rent within the eviction case and request an order for garnishment if granted. Additionally, you can file a Complaint for Money Damages in the appropriate court while the eviction case is open. Gather necessary documentation like the lease agreement, court orders, and communication records to support your case. Consider consulting a local attorney for guidance and assistance in expediting the process.

Full Conversation

I am trying to evict a tenant for not paying rent for 4 months first a month ago I filed a no-fault eviction we went to the hearing and the eviction was in granted but the tenant was ordered to pay past rent now that was 3 months ago the tenants have failed to pay for that what the judge ordered and have failed to move out or pay any rent I filed a complaint amend and then I also filed a motion for entry of judgment and a motion for entry of default but there's still no hearing set or how do I get a hearing set or a court date after I file the motions and Colorado
Hi Juan!
To get a hearing set for your motions, you should:
*. Contact the court clerk directly to inquire about the status of your motions.
*. Request a hearing date.
*. Ensure all required documents have been properly filed.
Have you tried contacting the court clerk yet?
No because I've been filing online and is says my motions have been accepted and I have the schedule of the case online that's why I haven't contact them should I still contact the clerk to get a court date or should I file a form or another mot
Hey Juan! Since it's been a while and you haven't received a court date, it would be a good idea to contact the court clerk directly to inquire about setting a hearing date for your motions. This can help ensure that your case progresses smoothly.
Have you tried reaching out to the court clerk by phone or email?
a form or another motion to get a hear
Juan, you should still contact the court clerk directly. Despite filing online, sometimes you need to confirm the scheduling of your hearing. The court clerk can provide you with the most accurate and up-to-date information regarding your case status and next steps.
On the papers I filed it said that a writ of restitution would not be given if I didn't file for emotion for entry of default I already filed for a motion of entry of default should I still contact the clerk or how would the restitution be handed does it does there have to be another hearing or cuz we because we already have the first hearing where they were told to pay for past due rent and they haven't paid and passed the rent and I was supposed to file again the eviction process so I did a complete amend
Hey Juan! Once you've filed a motion for entry of default, you should still contact the court clerk to confirm the status and to inquire if another hearing is necessary for the writ of restitution. The court clerk can provide the specific steps you need to take next. Have you tried contacting them directly yet?
Yes but all they eat tell me is that the judge is like that that just still needs to see the the papers but it's been over a month
Juan, it sounds like you're dealing with a frustrating delay. Since the court clerk has indicated that it's up to the judge to review the papers, consider doing the following:
- Follow up regularly: Politely check in with the court clerk every week to get updates.
- Document everything: Keep records of all your communications and filings.
- Consider legal advice: A local attorney may help expedite the process.
Would you like help finding an attorney in Colorado?
Yes

Colorado Bar Association


Phone: (*) *-*
Website: www.cobar.org

I recommend contacting the Colorado Bar Association for assistance in finding a local attorney who can help expedite your eviction process. An attorney can provide specific guidance and potentially speed up the court proceedings. Would you like more information on how to proceed with this?
Yes yes
You should follow up with the Colorado Bar Association to find a local attorney who can help expedite your eviction process. An attorney can navigate the legal system more efficiently and ensure that all necessary steps are taken promptly.
Would you like more detailed guidance on what to ask or expect from an attorney?
No I am I need what motion do I need to file to recover unpaid rent from the tenants that exceeds $*,*
To recover unpaid rent exceeding $*,* in Colorado, you should file a "Complaint for Money Damages" in small claims court if the amount is within the court's limit. If it exceeds the limit, file in county or district court.
Have you considered which court to file in based on the amount owed?
Can I file that case while the eviction case is open or do I have to wait for the eviction case to close to be able to open
You can generally file a "Complaint for Money Damages" while the eviction case is still open. The two cases can proceed concurrently as they address different issues: eviction and monetary compensation.
Would you like more information on filing a complaint in Colorado?
Yes
To file a "Complaint for Money Damages" in Colorado, follow these steps:
*. Determine the appropriate court based on the amount owed (Small Claims or County/District Court).
*. Complete the required forms, which can be found on the Colorado Judicial Branch website.
*. Pay the filing fee and submit the forms to the court.
Would you like assistance with finding the specific forms or understanding the filing process?
Yes
To file a "Complaint for Money Damages" in Colorado:
*. Visit the [Colorado Judicial Branch website](https://www.courts.state.co.us).
*. Select the appropriate court based on the amount owed.
*. Complete and download the necessary forms.
*. Pay the filing fee and submit the forms to the court.
Would you like help with finding the specific forms for your case?
Instead of finally having two cases can I just ask for can I just file in the eviction case a motion for entry of judgment for the past due rent and then file for like an order for garnish to garnish
Juan, you can file a motion for entry of judgment for the past due rent within the eviction case. If granted, you can then request an order for garnishment to recover the owed rent.
Have you gathered all necessary documentation for the unpaid rent to support your motion?
there hasn't been any payment
Juan, even though there hasn't been any payment, you can still gather documentation such as:
- Lease agreement
- Previous court orders/judgments
- Records of communication with the tenant
- Proof of non-payment (bank statements, etc.)
Would you like guidance on how to file a motion for entry of judgment and garnishment?
Well what the documentation if they haven't paid anything they just so there isn't any documentation because there hasn't been any
Juan, for the motion for entry of judgment, you should provide any documentation you have, such as:
- Lease agreement
- Proof of filed motions and court orders
- Correspondence with the tenant regarding unpaid rent
Even if they haven't paid, these documents will support your case. Do you need help with obtaining any specific documentation?