Q: I was evicted I counterclaimed the landlord didn't show up I got default judgement do I win my claim?
The landlord didn't show up at the possession hearing and now filed a motion for re-do. I got possession for default judgement but do I also win my counterclaim I filed with my eviction answer. And is there a re-do in court without a court of appeal giving a second bite at the apple. I'm the defendant but if I didn't show up I would be homeless 3 days later w/no re-do. Please help me. It's all because my daughter is disabled. She's 24 and my son is 2 and my lease accounts for 2 adults 2 children.federal law states she's a child if disabled 84 mos b4 age 18. And he says just cause she's retarded she's still over 18..
A: A default judgment (which is what occurs when a party does not appear without cause) does mean you "won" the case. You should review any final materials you received from the court (they usually say "Final Orders" or something like that) to see exactly what the judge awarded. That is, the eviction was likely dismissed, but the counter claim would only be granted if you provided a minimum level of evidence to support the claim (and it was awardable under Colorado law).
As for the redo, the nature of the claim is partially dependent on what the judge awarded. First, at the trial level, you can always file a motion to reconsider (usually within 21 days from the final judgment--this sometime happens, but they are rarely granted). Second, if the case was dismissed without a formal judgment on the merits of the case, the petitioner (landlord), can refile. Finally, if the judge made a determination on some or all of the merits of the case, there is an appeal process. Without reviewing the court materials, I can only guess which (if any) happened in your case.
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