My question involves collection proceedings in the State of: Colorado
Colorado County Civil Court
Almost 6 years ago a money judgment was ruled against me in Colorado County Civil Court. I really haven't heard from the Creditor (junk debt buyer) during this duration. The statue of limitations for collecting this is 6 years so I fully expected them to put in a motion to the court to revive the judgment. There is a very specific process to reviving a judgment, it's quite straightforward (I'll attach a link below). The process is pretty much the Creditor putting in the motion with the court then I am served with paperwork allowing me to respond as to why it shouldn't be revived. The judge then reviews the motion, the affidavit of service and makes his/her decision as to reviving it or not. Here's the problem...
I elected to call the county clerk and find out if there had been any activity with my case. In fact there had been. The Creditor filed a motion to revive and the judge granted it. Let me be 100% clear here. I was never served with any paperwork, not personal service, substituted service, service by publication, nothing! There is also no affidavit of service filed with the court saying stating that I was served. There's nothing. It appears that the judge made his ruling without me being served any paperwork, without mailing the motion (which is common), and without me being afforded the option of responding.
I've looked over all the procedures and even the Colorado Rules of Civil Procedure and everything, everything basically confirms that that service of process is a step that must be taken. I have to have the right to receive the documents and respond. Again, there is no affidavit of service with the court over this (not even fraudulent)...it's just that the judge made a ruling without this step.
Has anyone (informed) heard of this? What's going on, this seems so counter to the rules. I do intend to put in a motion to have the revival of judgment vacated here eventually. I don't have the option to hire an attorney, I'll do it pro se. I've done a pro se defense with motions before and been successful so it's not an entirely unknown. Any help and thoughts are appreciated.
Fyi, I do have all the links for the rules and laws concerning this so it's not that information I'm after.
http://ift.tt/1CPgqxO
Colorado County Civil Court
Almost 6 years ago a money judgment was ruled against me in Colorado County Civil Court. I really haven't heard from the Creditor (junk debt buyer) during this duration. The statue of limitations for collecting this is 6 years so I fully expected them to put in a motion to the court to revive the judgment. There is a very specific process to reviving a judgment, it's quite straightforward (I'll attach a link below). The process is pretty much the Creditor putting in the motion with the court then I am served with paperwork allowing me to respond as to why it shouldn't be revived. The judge then reviews the motion, the affidavit of service and makes his/her decision as to reviving it or not. Here's the problem...
I elected to call the county clerk and find out if there had been any activity with my case. In fact there had been. The Creditor filed a motion to revive and the judge granted it. Let me be 100% clear here. I was never served with any paperwork, not personal service, substituted service, service by publication, nothing! There is also no affidavit of service filed with the court saying stating that I was served. There's nothing. It appears that the judge made his ruling without me being served any paperwork, without mailing the motion (which is common), and without me being afforded the option of responding.
I've looked over all the procedures and even the Colorado Rules of Civil Procedure and everything, everything basically confirms that that service of process is a step that must be taken. I have to have the right to receive the documents and respond. Again, there is no affidavit of service with the court over this (not even fraudulent)...it's just that the judge made a ruling without this step.
Has anyone (informed) heard of this? What's going on, this seems so counter to the rules. I do intend to put in a motion to have the revival of judgment vacated here eventually. I don't have the option to hire an attorney, I'll do it pro se. I've done a pro se defense with motions before and been successful so it's not an entirely unknown. Any help and thoughts are appreciated.
Fyi, I do have all the links for the rules and laws concerning this so it's not that information I'm after.
http://ift.tt/1CPgqxO
Collection Lawsuits: Reviving a Judgment-Colorado
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