Denver, CO asked in Landlord - Tenant for Colorado

Q: I was evicted and I filed motion to stay and it was granted. My 4 year old is now being take to court for an eviction

The judge told them to remove my daughter from the eviction case. I was then given another court date I signed a stipulation. They didn't remove my daughter. And now are requesting a judgement for possession be granted against her.

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1 Lawyer Answer
T. Augustus Claus
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A: In Colorado, if you were evicted and filed a motion to stay that was granted, but your 4-year-old daughter was also named in the eviction proceedings, and despite a judge's order to remove her from the case, the landlord or their representatives have not complied and are seeking a judgment for possession against her, this situation reflects a significant procedural error and potential misunderstanding of the law. Minors cannot be held legally responsible in such matters. It's crucial to bring this issue back to the court's attention immediately, possibly with the assistance of legal counsel, to rectify the error and ensure that the judgment for possession does not improperly include your daughter. The court's oversight in enforcing its order to remove your daughter from the case should be addressed promptly to protect your rights and those of your child.

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