Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am a pro se Plaintiff and I need to file a motion for default

judgment in Colorado County Court...
I am a pro se Plaintiff and I need to file a motion for default judgment in Colorado County Court. I have been advised that there are 4 different documents that need to be filed. Please confirm that the proper documents and contents of each are as follows:

1. Notice of motion - this document is to filed with the Court and served to Defendant. It can be filed at the same time as the motion itself. The purpose of the notice is simply to notify the Court and the defendant of what the motion is about.

2. The motion itself - states the name of the motion, states the statutory and case law authority briefly, states the relief requested

3. A Memorandum Brief of Points and Authorities - This document will have an introduction (states the basic claim, the procedural status of the case, the relief you are requesting, and the basis for it); the legal authority (gives the case law and statutory law for a default, give the cases that are closest in factual basis to your own); your legal argument (compare your case to the statute, and the facts in the case law you cited in your favor); and a conclusion (ask for judgment to be entered).

4. A declaration in support of motion - A declaration under penalty of perjury in which you state the facts necessary to support the motion. Any facts that you cite in your points and authorities must be introduced through your declaration (either as a direct statement, or through reference to the Court record, or a document that you can verify or establish as evidence).
Show More
Show Less
Ask Your Own Legal Question
Answered in 13 minutes by:
10/3/2013
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,008
Experience: Lawyer
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

It is also necessary to include a Certificate of Service, which is a short statement stating that you gave a copy of the motion and supporting documents to the opposing party (or the attorney of record where there is one), usually via first class mail, where they were sent (the address) and the date.

The certificate of service is usually printed directly on the last page of the motion below the person's signature, if there is room, or attached as a separate page. With a default judgment, all of the relevant facts are included on the docket, so any declaration or memorandum would usually be very short.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,008
Experience: Lawyer
Verified
Lucy, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thanks, XXXXX XXXXX understand the declaration very well, could you explain what it is and its purpose. Also, do I need to give notice of a hearing of the motion, request a hearing or don't say anything about a hearing and if the judge wants a hearing, she will make that ruling?

There is rarely a need for a hearing with a default. If the opposing party objects, based on the fact that they filed an Answer to the original complaint, the judge may want a hearing. Either of you can request one. If you don't want a hearing, there is no reason to ask for one.

Usually, the purpose of a declaration is to support facts that you are asserting in the motion or the memorandum that are not already in evidence. With a Motion for Default, really all that the moving party needs to establish is (1) when the Complaint was served, (2) how it was served, (3) who served it and (4) that the opposing party did not respond. The idea is that a declaration is sworn under oath and signed under penalty of perjury, but the motion isn't.
Ask Your Own Legal Question
Customer reply replied 4 years ago

Thanks, XXXXX XXXXX You helped the with this the other day. In my research, 2 questions arose. First, rather than file an answer to the amended complaint, is the defendant allowed to amend his original answer instead? And, is the laws associated with this subject of filing an amended answer the same for District Court as they are for County Court? For example, in district court a reply to a counterclaim is required, in county court a reply to a counterclaim is not required. Could the same general rule or concept apply to this situation?

Practically speaking, there is very little difference between filing an Answer to Amended Complaint and an Amended Answer. If the document addresses all of the issues raised in the Amended Complaint, the judge will allow it, regardless of what they're calling it.

The same rule that, if you deny some allegations but not others rather than entering a general denial, anything not specifically admitted is denied should apply in both courts. There isn't any special county court rule that addresses specific denials or whether a party must respond to an amended pleading.
Ask Your Own Legal Question
Customer reply replied 4 years ago

Ok sorry but now i am more confused. Could you clarify, I understand that technically, an amended answer and an answer to an amended complaint is essentially the same - they are both answers. The issue is the time deadline and if it has passed. The amended complaint was granted 60 days ago, your prior statements indicate they were required to file one and therefore have admitted the new claims in the amended complaint. If an amended answer was allowed, is it true that the amended answer can only address amendments to the original complaint and not the new claims? To defend the new claims, don't they have to specifically file an amended answer to the amended complaint? It seems that their proper action would have to be an amended answer to the amended complaint and titled as such, however, the deadline to do this is past? They have had ample time to amend their original answer and have failed to do so?

What you're talking about is just a super-technicality in the name of the document. In my experience, because judges have a preference for deciding cases on the merits, I just don't think the judge would grant a judgment because they filed an Amended Answer that addressed all of the issues in the Amended Complaint. You're right - they should have titled the document Answer to Amended Complaint or Amended Answer to Amended Complaint. But if they filed something the judge isn't going to dismiss the case.

Default judgment is an extreme remedy when a party fails to respond at all. I would be very surprised if the judge granted it where a party has filed an appearance and other documents, yet not responded to an Amended Complaint. The better argument is the one you raised earlier, which is that they have admitted the allegations that weren't denied. That could be a basis for a Motion for Partial Summary Judgment, which is not the same as a default.

Ask Your Own Legal Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,008
31,008 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Texas Southern District Court - civil case... To appeal the
Texas Southern District Court - civil case... To appeal the declined decision for a court appointed attorney... 1. Fee waiver approved. 2. Letter from legal aid submitted.Thinking I'll add the list of… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
The District Court Clerk's office told me I need 3
The District Court Clerk's office told me I need 3 documents. 1) Amended order, 2) Amended Judgement, 3) Stipulation to amend. Is this something you can help with? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
FOR LAW EDUCATOR, ESQ.: PLAINTIFF's Summary Judgment Motion
FOR LAW EDUCATOR, ESQ.:PLAINTIFF's Summary Judgment Motion Fails To Comply with CPLR §§ 3013 and 3014 and should be denied.I received a "Summary Judgment Motion" in an instant foreclosure matter it is… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A counterclaim needs a response before trial? Bc we do not
a counterclaim needs a response before trial? Bc we do not even have a date yet. And that response goes to the court, right? What is it called? ie their answer says "defendants' original answer and co… read more
Lori
Lori
Juris Doctor
298 satisfied customers
I have an Attorney of Record that's filing a motion for me
I have an Attorney of Record that's filing a motion for me in a case and has submitted to me a "Notice of Limited Appearance". In that notice is a paragraph that states: "The Attorney of Record is onl… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
I have just been hit with a summary judgment and want to fie
I have just been hit with a summary judgment and want to fie they would now like me to file an affidavit and also the judge that is on my case I have been successful in having him found with conduct n… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
When a complaint has been filed in a district court, when
When a complaint has been filed in a district court, when can the plaintiff ask the court to issue subpoenas to someone who is not a party? Assume the other side has refused to meet and confer, so off… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I have proof that a district court judge is facilitating
I have proof that a district court judge is facilitating money-laundering. Neither the FBI/DOJ nor the Massachusetts AG will investigate. Where do I go? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
At a rule 16 conference with a US District Court magistrate,
At a rule 16 conference with a US District Court magistrate, will he advise me, a prose litigate, of what I need to correct in my complaint.… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
In a US District Court complaint what is common for a
In a US District Court complaint what is common for a plaintiff and defendant counsel. Does the plaintiff and defendant counsel set up the case managment plan before or after the defendants counsel an… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
As a result of a conviction in U.S. district court 9 years
As a result of a conviction in U.S. district court 9 years ago, I was notified by U.S. Marshal that I owed monies for restitution/asset forfeiture, that I could not pay. We agreed to a monthly payment… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
In Arizona district court is a response allowed to a motion
In Arizona district court is a response allowed to a motion to Compel and if so what is deadline?… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
In an opposition to summary judgment, can I add a motion to
in an opposition to summary judgment, can I add a motion to strike an affidavit the opposition included in their MSJ or do I have to do a separate motion to strike?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can I personally write a response to a summary judgment? NC,
Can I personally write a response to a summary judgment? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can I file an appeal on a summary judgment, DC, what do you
I just received that the other party won their summary judgment can I file an appeal … read more
Bill Attorney
Bill Attorney
law
1,605 satisfied customers
If you can't bring a motion for summary judgment because its
If you can't bring a motion for summary judgment because its passed the deadline, is there another motion you can bring before trial to try to dismiss a claim under CA law? I missed the deadline to br… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If I have several issues for summary judgment that may be
If I have several issues for summary judgment that may be deemed contradictory, that is, one claims that a contract is void but another claims that a condition precedent on that (supposedly void contr… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
We have to respond to a motion for summary judgment on an
We have to respond to a motion for summary judgment on an EEO case. What is the language that goes into that response? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x