Chapter 2 - § 2.7 • DEFAULT JUDGMENT

• Jurisdiction: Colorado

§ 2.7 • DEFAULT JUDGMENT

If the plaintiff properly serves a defendant, and that defendant does not answer or otherwise respond to the lawsuit, the plaintiff should move for default judgment under C.R.C.P. 55 and 121(c) § 1-14. Rule 55(a) allows the clerk of the court to enter a default against a party failing to respond within the prescribed time. Rule 55(b) and (f) (applicable to substituted service, i.e., by mailing or publication), together with Rule 121(c) § 1-14, govern default judgments entered by the court. Rule 121(c) § 1-14 contains a checklist of items the plaintiff must file in order for the court to enter a default judgment. These include:

• The original summons showing valid service on the defendant.¹¹⁴
• An affidavit (which may be signed by plaintiff's counsel) showing venue to be proper.¹¹⁵
• An affidavit establishing that the defaulting defendant is not a minor, incapacitated, an officer or agency of the State of Colorado, or in the military service¹¹⁶ (this affidavit must be executed by the attorney for the moving party made after reasonable inquiry¹¹⁷ ).
• An affidavit establishing the amount of damages for which judgment is sought (this affidavit may not be signed by the plaintiff's attorney and must be made by a person with knowledge of the damages¹¹⁸ ) (note that a plaintiff may not obtain a default judgment for monetary damages on the basis of substituted service¹¹⁹ ).
• If the plaintiff requests attorney fees, an affidavit that the defendant agreed to pay attorney fees or that they are provided by statute, that the fees have been paid or incurred and that they are reasonable¹²⁰ (this affidavit may be made by the attorney for the moving party and set forth those matters listed in Colo. RPC 1.5).
• The original promissory note if the action is on a note.¹²¹

The moving party should also submit a proposed form of judgment reciting:

1) The name of the party or parties to whom the judgment is granted;
2) The name of the party or parties against whom the judgment is taken;
3) Venue has been considered and is proper;
4) If judgment is against multiple parties, whether the judgment is joint and several;
5) In the case of multiple parties, language complying with Rule 54(b) if final judgment is sought against less than all defendants; and
6) The principal amount, interest, and attorney fees, if applicable, and costs which shall be separately stated.¹²²

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Notes:

^[114] C.R.C.P. 121 § 1-14(a).

^[115] C.R.C.P. 121(c) § 1-14(b).

^[116]...