Legal Question in Civil Litigation in Colorado

Judgement without notification

I've been served with a judgement for over $500 (attorney fees) for a personal check written for $20 that bounced. My question is, are there any steps required to be taken to notify someone before placing a judgement on them? My account was closed and I wasn't aware this check hadn't yet cleared until receiving the notice from an attorney with all of his fees. Thank you.


Asked on 1/08/06, 2:39 am

1 Answer from Attorneys

Francisco Romero F.L. Romero Esq., P.C.

Re: Judgement without notification

No attorney-client relationship is formed by virtue of providing this free information based on the facts presented by you.

First of all, make sure what you have is in fact a "judgment." Such a document is usually styled as a court order and would be signed by a judge. If you have received is titled "complaint" or a "summons," then what you have is the opening documents of a lawsuit that requires a response in the form of a written answer within 20 days of the date it is served upon you (30 days if served outside of Colorado). Don't ignore such a document(s) - those can result in the entry of a judgment against you if you fail to timely respond.

If you have a judgment and were never served with the complaint/summons, my recommendation is to seek the assistance of an attorney to help you set aside the judgment. Generally speaking, you must be served with a copy of the complaint/summons and given the opportunity to appear in the lawsuit and defend it -- due process as it were. There are exceptions and alternative ways to service of process though; a defendant who purposefully evades proper service may be served by another method. Service by mail may also be allowed in some situations.

The best place to start in looking into this further is to call the clerk of court where the action is filed (presumably the document you have has a case number and the name of the court) and ask the clerk to identify what documents have been filed in the case -- better to go to the clerk's office and ask to review the file in person - make copies of what's been filed. Then, hire an attorney to help you set aside the judgment; if it is not a judgment, but instead a complaint, you should hire an attorney to represent you in the action.

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Answered on 1/09/06, 11:01 am


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