Legal Question in Landlord & Tenant Law in Colorado

My lease expired at my former apartment complex with a written 30 day notice. About 2 weeks later I received a notice as to why I did not get my security deposit back stating the carpets were bad. This amount was $250.

Later, I received a notice from my employer stating they would be garnishing my wages due to a missed court date and a fine. After some investigation, I found out a lawyer from a debt collector supposedly served me paperwork regarding a $2000 fine to replace the carpets at the apartment complex. I was never served any paperwork! The debt collector and their lawyer basically told me "too bad" and I must pay the fines.

The carpets were in excellent condition when I left and did not need to be replaced (they were new when I moved in). I do not have any pictures of the carpet's conditions when I left the complex, but I am sure the complex or collector do not either. Is there anything I can do?


Asked on 10/22/09, 8:34 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

You may file a motion with the court claiming that you were not served and request that they vacate the judgment. If that occurs, then they will likely try to serve you properly and you will need to go to court to defend against the claim by whatever evidence you have (discovery, witnesses, the like).

I strongly recommend that you contact a local attorney immediately to advise you on this matter.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

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Answered on 10/28/09, 8:53 am


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