Default Judgments in Eviction Cases

Housing
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If you are facing eviction in Colorado, it is important to understand what a default judgment means and how it affects you. A default judgment happens when the landlord wins automatically because you (the renter/tenant) missed a deadline or did not appear in court. This guide explains: 

  • What default judgments are
  • How to avoid one
  • What happens if one is entered 
  • What options you may still have afterward

What is a default judgment?

A default judgment is when the court rules in favor of the landlord without hearing your side. This usually happens if:

  • You did not file an answer by the deadline in your summons. 
    • An answer is your response to what your landlord said about you in the paperwork they filed when beginning the eviction process. The answer form should be given to you when you are first told about your eviction, including other documents like a summons and complaint.
  • You filed an answer but did not include legal defenses.
  • You did not appear in court.
  • You broke a court-approved settlement agreement.

How do I avoid the court ruling for my landlord without hearing my side?

  • File an answer on or before the date in your Summons. Use form JDF 103: Eviction Answer.
  • Go to your hearing. Even if you file an answer, you must show up in court.

  • Work out an agreement with your landlord and file it with the court before the answer deadline.

Important!
If you miss deadlines or court dates, the judge will likely enter a default judgment. This can stay on your record for up to 7 years, even if you moved out before the court date.

What happens after a default judgment?

  • The court may issue a writ of restitution, which is an order allowing the sheriff to remove you.
  • The sheriff must wait at least 10 days after judgment before moving you out (or 30 days if you receive SSI, SSDI, or TANF).
  • The sheriff can remove your belongings and place them outside. No one is required to protect your items.

Tip: 
If you need more time, you can ask your landlord. Get any agreement in writing, have both of you sign it, and file it with the court.

Can I get rid of a default judgment?

It is difficult but sometimes possible. You may file:

To succeed, you must show:

  1. You had a legal defense to the eviction.

    AND

  2. You had a good reason for not filing or appearing (for example, you were never served the summons).

What happens after I file the motion?

  • The judge may set a hearing.
  • At the hearing, you must prove both your legal defense and your good reason for missing court.
  • If the judge sets aside the judgment, the case may go straight to trial or be scheduled for another date.
  • Be ready with evidence, witnesses, and your defenses.

Important information for victims and survivors of unlawful sexual behavior, stalking, domestic violence, or domestic abuse

If you did not file an answer by the date in your summons because you did not receive or have an opportunity to review the summons, or were otherwise unable to appear in court, you may file JDF 78: Motion to Set Aside Judgment explaining this.  

The judge may then vacate the judgment and give you at least 7 days to file an Answer.  

Please see our guide on Housing Rights for Domestic Violence Survivors for more information about your rights.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.

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