Probably, depending on how much time has elapsed.
When a defendant or plaintiff in a small claims case fails to follow certain court rules, the court may enter a default judgment against the defendant or dismiss the plaintiff’s case. This commonly happens when one of the parties fails to appear for a court hearing. Whether you are the plaintiff or the defendant, you may file a motion asking the court to set aside the judgment and reopen the case.
Generally, a motion to set aside a default judgment should be filed within a reasonable time, and for most grounds no later than six months after the judgment was entered. After you file the motion, the court will determine whether there is good cause to reopen the case and notify you of its decision. Do not delay in filing this motion. If you wait, the court is less likely to grant your request.
If you are a defendant and you did not learn about the small claims case until after the court entered a judgment, you may still ask the court to reopen the case. This often occurs when the plaintiff claims service was completed but the defendant never actually received the paperwork. In those situations, the motion should explain lack of proper service and how you learned of the judgment. Courts take service problems seriously, but you must act quickly once you become aware of the judgment.
Colorado does not use a specific statewide form like Wisconsin. Instead, you must file a written motion explaining why the judgment should be set aside and include any supporting documents or affidavits showing excusable neglect, mistake, or lack of service.
If you are interested in having an appeals lawyer assist you with reopening your Colorado small claims case, contact the Alderman Law Firm by calling 720-588-3529.