Legal Question in Civil Litigation in Colorado

Re: Civil Judgements

(1)"Because we couldn't afford an Attonery,to fight a pryer landlady she got a civil judgement against us for money we do not owe her."

Was the judgment a default judgment? Were you properly served? Has the appeal time run?

If a proper default judgment has been entered and the time for appeal has run, it may be difficult to lift the judgment. If the judgment is not lifted, then you probably owe the money now, whether you properly did before or not.

(2) "If we file for bankruptcy, will it take care of the judgement as far as our liability to pay her?"

Bankruptcy will address all outstanding debts. However, one should not take bankruptcy lightly. All of your non-exempt assets may be used to satisfy outstanding obligations. Further, bankruptcy has a devastating effect on one's credit for a lengthy period of time. If the judgment is small, it may be better just to pay it, especially if the judgment creditor will accept payments.

(3) "Can we appeal on a civil judgement?"

Yes, you can appeal on a civil judgment IF the time limit for doing so has not expired. To appeal, you should identify some reversible error in relation to the judgment itself. You may also be able to petition the Court to lift the default judgment if you have really good cause. See the Rules of Civil Procedure for information on what cause is sufficient for lifting a judgment. It is not easy, but if you truly did not owe the judgment and it was procured based upon fraudulent representations to the Court, you may be successful.

(4) "what are our options?"

It is not possible to identify all of your options from the limited information that you have provided. Several that I have noted include:

(1) Pay the judgment. The judgment creditor may accept payments if you can work this out.

(2) Appeal the judgment before the time for doing so expires, if you have grounds for a legitimate appeal.

(3) Move to lift the default judgment for reasons set forth under the Rules of Civil Procedure.

(4) File for bankruptcy, if you have no other options.

(5) Finally, and most significantly, consult with an attorney about all of the above options. You might have saved yourself money with a short consultation in the first place and an attorney might be able to assist you. Also, other options could present themselves upon a complete review of the facts.

Good luck.