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Need some Advice on these papers

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#1 smarie_62


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Posted 17 December 2008 - 09:27 AM

Dear Sirs:
My  question is about some legal papers that was left on my door. The titles of the papers were 1. Motion for Revivor of Judgement Pursuit to CRCP(354)H   2. Order For isurance and service of Notice to Show Cause  3. Notice to show Cause.   
Please help me with what I am suppose to do about these papers and what they mean. I do know that I have been getting my wages garnished with W****  A**** which is the company of the apartment building that I was living in 2003 with another  person named D**** M****. We had to leave before the lease was up. But they have already collected over 5000.00 from me and have not collected from D**** M**** at all. I have a feeling that this judgement just wants to get renewed and they said they still want to collect about 10,000.00 more from me. i need to know what to do about this and how I can stop it.

My contact information is:   D**** C****

[This post has been edited to remove personal information -Moderator]

#2 Tax_Counsel


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Posted 17 December 2008 - 09:59 AM

Here is what is going on in plain English. Colorado Rule of Civil Procedure (CRCP) rule 354(h) is the rule for revival of a judgment. Judgments in Colorado are good for 6 years but may be renewed for another 6 years by using the procedure in that rule to revive it. Thus, the creditor evidently obtained a judgment against you approximately 5 years or so ago and is seeking to revive it to extend it for another 6 years. That way, they can continue to garnish wages and attach property as allowed by Colorado law to collect it.

The rule requires that before the judgment is revived, the creditor must seek an order from the court ordering you to show cause why the judgment should not be revived. This order to show cause is what you received. However, CRCP rule 304 require that the service of the show cause order be made upon you personally or by service upon another adult at your last and usual place of abode (your last known home). Leaving the documents stuck to your door is not good service.

If the service was good, you'd have 10 days in which to respond to the court on the show cause order. Failure to respond can result in the judgment being revived.

Because service was apparently bad, I suggest you see an attorney asap to see what your options are here. The problem is proving the bad service; the process server may well say he/she left it with someone at the home, thus making the service good. If you have a good defense against the revival of the judgment, then you want to respond and avoid the default revival of the judgment. If you don't, it might be just as well not to respond and then AFTER the revival period challenge the revival based on the bad service of process. But you don't want to do that without first getting input from an attorney who has reviewed all the details and can advise you how to proceed. Contact an attorney who handles civil litigation matters for help.

#3 pg1067


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Posted 17 December 2008 - 11:44 AM

Here is the text of Rule 354(h) of the Colorado Rules of County Court Civil Procedure:

"A judgment may be revived against any one or more judgment debtors whether they are jointly or severally liable under the judgment. To revive a judgment a motion shall be filed alleging the date of the judgment and the amount thereof which remains unsatisfied. Thereupon the clerk shall issue a notice requiring the judgment debtor to show cause within ten days after service thereof why the judgment should not be revived. The notice shall be served on the judgment debtor in conformity with Rule 304. If the judgment debtor answer, any issue so presented shall be tried and determined by the court. A revived judgment must be entered within twenty years after the entry of the judgment which it revives, and may be enforced and made a lien in the same manner and for like period as an original judgment. A judgment entered on or after July 1, 1981 must be revived within six years after the entry of the judgment which it revives, and may be enforced and made a lien in the same manner and for like period as an original judgment. If a judgment is revived before the expiration of any lien created by the original judgment, the filing of the transcript of the entry of revivor in the register of actions with the clerk and recorder of the appropriate county before the expiration of such lien shall continue that lien for the same period from the entry of the revived judgment as is provided for original judgments. Revived judgments may themselves be revived in the manner herein provided."

Apparently the judgment against you is getting close to expiring, so the creditor wants to renew it so it can keep enforcing it.  The creditor is under no obligation to enforce the judgment against your co-debtor.  I can't imagine there is anything you can do to stop this short of filing for bankruptcy.  My guess is that the creditor is getting barely more from garnishing your wages than the interest that is accruing on the judgment, so the amount is going down VERY slowly.  Why you feel the need to post peoples' names and your phone number on an Internet message board is beyond me.

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