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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
