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Colorado Motion to Set Aside a Default Judgment

Set aside a Colorado default judgment under C.R.C.P. 60(b). For mistake or excusable neglect you must file within 182 days of entry, not the federal one year.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. In Colorado the main path is Colorado Rule of Civil Procedure 60(b), which lets the court relieve you from a final judgment for reasons including mistake, inadvertence, surprise, or excusable neglect, fraud or misconduct by the other side, a judgment that is void (one the court had no power to enter, often because you were never properly served), a judgment that has been satisfied, or any other reason justifying relief. Colorado sets an unusually specific outer deadline: for the mistake or excusable-neglect ground and the fraud ground, the motion must be made within a reasonable time and not more than 182 days after the judgment was entered, not the one year used in federal court. The void, satisfied, and any-other-reason grounds are not capped at 182 days and need only be brought within a reasonable time. A separate rule, C.R.C.P. 55(c), lets the court set aside a bare entry of default (before judgment) for good cause shown. Missing the 182-day window can leave the default judgment in place, so act quickly. DocDraft drafts a Colorado motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment entered when a defendant does not respond in time. In Colorado you undo it with a motion to set aside under C.R.C.P. 60(b), which reopens the case so it can be decided on the merits.

  2. 2

    The main rule is C.R.C.P. 60(b). It lets the court relieve you from a final judgment for mistake, inadvertence, surprise, or excusable neglect, for fraud or misconduct by the other party, because the judgment is void, because it has been satisfied, or for any other reason justifying relief.

  3. 3

    Colorado uses an unusual deadline. For the mistake or excusable-neglect ground and the fraud ground, the motion must be made within a reasonable time and not more than 182 days after the judgment was entered. That is a hard outer limit, not a grace period, so file as soon as you can.

  4. 4

    The 182 days is a strict day count, not the federal one year and not six months. Because it runs from entry of the judgment, missing it can bar relief on the mistake or fraud grounds, so track the date the judgment was entered.

  5. 5

    If the judgment is void, most often because you were never properly served, C.R.C.P. 60(b) lets the court set it aside within a reasonable time, and that ground is not subject to the 182-day cap. The satisfied and any-other-reason grounds are also not capped at 182 days.

  6. 6

    Colorado case law generally expects a defendant seeking relief to show a meritorious defense, the real defense you would raise if the case reopened, alongside the reason for the default. This is a court-developed requirement rather than express text in the rule, so confirm how your court applies it before you file.

  7. 7

    You file the motion in the Colorado district or county court where the case is pending, in the case caption already on the record. Colorado courts use statewide e-filing, so check your court's rules for the filing method and any local requirements.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Colorado, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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DISTRICT COURT, [COUNTY] COUNTY, COLORADO [Court Address]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

Case Number: [CASE NUMBER] Division: [DIVISION] Courtroom: [COURTROOM]

MOTION TO SET ASIDE DEFAULT JUDGMENT [C.R.C.P. 60(b); C.R.C.P. 55(c)]

Defendant [DEFENDANT NAME] respectfully moves this Court under C.R.C.P. 60(b) for an order setting aside the default judgment entered against Defendant on [DATE OF JUDGMENT], and in support states:

  1. GROUNDS. Relief is sought under C.R.C.P. 60(b) on the following ground(s): [select and describe, for example: the default was the result of mistake, inadvertence, surprise, or excusable neglect because [explain]; or the judgment is void because Defendant was never properly served with the summons and complaint; or fraud, misrepresentation, or other misconduct of the adverse party; or another reason justifying relief].

  2. TIMELINESS. This motion is made within a reasonable time. [If relying on mistake, inadvertence, surprise, or excusable neglect, or on fraud: This motion is filed not more than 182 days after the judgment was entered on [DATE], as C.R.C.P. 60(b) requires.] [If relying on a void judgment, satisfaction, or any-other-reason ground: This ground is not subject to the 182-day limit and the motion is brought within a reasonable time after Defendant learned of the judgment.]

  3. MERITORIOUS DEFENSE. Defendant has a meritorious defense to the claim: [state the defense you would raise if the case is reopened, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party]. Defendant is prepared to answer to the merits.

  4. NO PREJUDICE. Setting aside the default judgment will not unfairly prejudice Plaintiff, and the equities favor deciding the case on the merits.

  5. SUPPORTING FACTS. The facts supporting this motion are set out in the attached declaration of [DECLARANT NAME], signed under penalty of perjury, describing the reason for the default and the date Defendant learned of the judgment.

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], allow Defendant to answer and defend the case on the merits, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] [Email] Attorney for Defendant / Self-Represented Party

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a true and correct copy of the foregoing Motion to Set Aside Default Judgment on Plaintiff or Plaintiff's counsel by [method of service], addressed as follows: [name and address], in accordance with the Colorado Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Confirm your court's caption, division and courtroom information, e-filing method, and any local rules before filing.]

Colorado Requirements for Motion to Set Aside a Default Judgment

File within 182 days for mistake or excusable neglect

Under C.R.C.P. 60(b) a motion based on mistake, inadvertence, surprise, or excusable neglect, or on fraud, must be made within a reasonable time and not more than 182 days after the judgment was entered. The 182 days is an outer limit, not a grace period; file as soon as you can.

Track the date the judgment was entered

The 182-day cap runs from the date the judgment was entered, and it is shorter than the federal one-year limit. Confirm the exact entry date on the court record and count from it so you do not miss the outer limit on the mistake or fraud grounds.

State the C.R.C.P. 60(b) ground

Identify which C.R.C.P. 60(b) ground applies and explain the facts. Grounds include mistake, inadvertence, surprise, or excusable neglect, fraud or misconduct of the adverse party, a void judgment, a satisfied judgment, or any other reason justifying relief.

Check whether the judgment is void

If you were never properly served, the judgment may be void. Under C.R.C.P. 60(b) the court may set aside a void judgment, and this ground is not subject to the 182-day cap that applies to the mistake and fraud grounds. It must still be brought within a reasonable time.

Show a meritorious defense

Colorado case law generally expects a defendant to show a meritorious defense, the real defense you would raise if the case reopened, alongside the reason for the default. This is court-developed rather than express rule text, so confirm how your court applies it and state your defense clearly.

Prepare a supporting declaration

Support the motion with a declaration or affidavit signed under penalty of perjury stating the reason for the default and the date you learned of the judgment. Attach any exhibits, such as proof of a payment or a service defect, that back up your grounds.

Use the Colorado court caption

Caption the motion for the Colorado district or county court where the case is pending, using the case number, division, and courtroom already on the record. Match the caption exactly as it appears in the court file.

File in the trial court and serve the other party

File in the Colorado district or county court where the case is pending, serve the motion on the other party, and complete a certificate of service. Colorado courts use statewide e-filing, so check your court's rules for the filing method and any local requirements.

Frequently Asked Questions

It is a request asking the Colorado court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. The main basis is C.R.C.P. 60(b), which lets the court grant relief for reasons such as mistake, inadvertence, surprise, or excusable neglect, fraud, a void judgment, or another reason justifying relief.

An entry of default is the record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Under C.R.C.P. 55(c) the court may set aside a bare entry of default for good cause shown, before judgment. Once a default judgment has been entered, you set it aside under C.R.C.P. 60(b), which carries the 182-day outer limit for the mistake or fraud grounds.

Under C.R.C.P. 60(b) a motion based on mistake, inadvertence, surprise, or excusable neglect, or on fraud, must be made within a reasonable time and not more than 182 days after the judgment was entered. That 182-day cap is unusual: it is not the federal one year. The void, satisfied, and any-other-reason grounds are not capped at 182 days and need only be brought within a reasonable time.

C.R.C.P. 60(b) sets 182 days from entry of the judgment as the outer limit for the mistake or excusable-neglect ground and the fraud ground, which is shorter than the one-year limit used in federal court and in many states. Because it is a fixed day count that runs from entry, you should confirm the exact date the judgment was entered and file well before the 182nd day.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Under C.R.C.P. 60(b) the court may set aside a void judgment, and that ground is not subject to the 182-day cap that applies to the mistake and fraud grounds. A motion on this basis must still be made within a reasonable time after you learn of the judgment.

Colorado case law generally expects a defendant to show a meritorious defense, the real defense you would raise if the case reopened, together with the reason the default occurred and the equities. This is a court-developed requirement rather than express language in C.R.C.P. 60(b) or 55(c), so confirm how your court applies it and be prepared to state your defense clearly in the motion.

You file it in the Colorado district or county court where the case is pending, under the case caption already on the record, with a supporting motion and any declaration or exhibits. Colorado courts use statewide e-filing, so check your court's rules for the filing method and any local requirements. Serve the motion on the other party and confirm service as your court's rules require.