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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I was given a default judgement based on not knowing I had

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I was given a default judgement based on not knowing I had a court date due to being improperly served by a man I used to work with and "borrowed" his truck to get me to and from work as I am a single mother of two small children. I paid for the payments on this truck, however, his bank misapplied payments since I was not on the loan, I resume. Even though I gave him proof the checks cleared, this man demanded to have the car back, so I gave it back immediately. We had no written or verbal contract I was helping him out by making payments on this vehicle and he helped me out by letting me borrow the vehicle. On top of it all he was sexually harassing me by saying I owed him because he let me use the car and made multiple advances towards me that I filed a complaint with my employer and they issued a warning to him. I could not take the harassment any longer so I found a new job, but he started a court process as soon as I left and continued to harass me. I was served with a financial statement for innorogitories at my work and I immediately filed a motion to set aside judgement. I never heard from the court on a ruling or court date. While waiting I was arrested on a warrant during a traffic stop, where all officers and clerks told me it was for an unpaid ticket in 2008. I posted bond and appeared at the bond hearing where, to my surprise, it was not for a ticket in 2008 but was for this case for contempt for failure to show for a hearing I didn't know I had. I was forced by the judge to fill out a financial statement giving this man my current employer and residence, where in the court room he threaded to come after me. Upon leaving the court room, I was flipped off, yelled at and taunted by this man. I immediately filed an appeal and my employer received a garnishment request from this man. I filed a request for claim of exemption as I have to feed my children and only make $12.25 hour. I received a call from the clerk saying the judge denied it with zero explanation and the informed me that the appeal was forwarded on, however, believes it was not timely. I couldn't file timely if I didn't know I had a court date and a ruling nor ever given my appeal rights. I need help on what my options are as this man is just harassing me now because I would not give him sexual favors in return for borrowing his vehicle that I gave back when he asked for it and had no binding contract with the man. I live in Colorado and this case is in Denver.

Hi, my name is XXXXX XXXXX I will be assisting you.



1. Did you appear before a magistrate for the contempt, or bond, ?

2. Was the default judgment entered by a magistrate ??

3. Did you ever appear before a Judge ??


4. If so, for what type of hearing ??



Customer: replied 3 years ago.
Yes I appeared for the bond hearing. I'm unsure if it was a magistrate or a judge. She did issue a default judgement and I filed a motion to set aside, but never heard back on a ruling. While waiting for an answer I was arrested on the contempt showed for the bond hearing and was forced to fill out a financial statement, I filed an appeal immediately after the bond hearing. This is a small claims civil case hearing and only appeared the once in court for the bond hearing.

Hi, kali,


You were treated very unfairly and you should not have been arrested, certainly not in a Small Claims civil case. The reason I asked you if you appeared before a magistrate is because in Colorado, the magistrates are not "real" judges and in many cases, they are not even lawyers, so their knowledge of the law is not great, they have very limited power and according to Colo.R.M. 5(a), they cannot change their judgment, decision, or Order once they are entered, except to correct a clerical error. Magistrates do not have the power to review, and under Rule 59(c) they cannot hear a Motion for Reconsideration, or change an Order they have entered. Most importantly, they show tremendous bias for some litigants. So, if this individual who is bothering you has a friend who sits as a magistrate, he can have you in Court forever, and apparently have you arrested for nonsense.


Your recourse is to file an appeal, so, I hope that when you said you filed an appeal, you meant that you had filed a Motion for District Court Review because that is where a District Court Judge (who is a real Judge) will review your case for errors made by the magistrate. Under Colo.R.M. 7(a)(9), a District Court Judge can change a magistrate's findings of fact in cases where they are clearly erroneous.



This individual who is bothering you is very sick and he poses a real threat to you. I do not believe that you can fight him off by yourself and you would be putting yourself in danger if you even tried. If you cannot afford an Attorney, please click on the link below and it will take you to organizations which provide free legal representation



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