How do I set aside a default judgment in Colorado?

1. Governing Rule. C.R.C.P. 55(c) governs setting aside entry of default; C.R.C.P. 60(b) governs relief from a default judgment.

2. Grounds. Rule 60(b): (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud, misrepresentation, or other misconduct; (3) judgment is void; (4) judgment satisfied or no longer equitable; (5) any other reason justifying relief.

3. Deadline. Rule 60(b): reasonable time, and not more than 182 days for grounds (1) and (2). Void judgments and grounds (4)-(5): reasonable time. Void judgments not subject to time bar.

4. Mandatory vs Discretionary. Discretionary; Colorado applies the three-prong Craig v. Rider, 651 P.2d 397 test: (a) excusable neglect, (b) meritorious defense, (c) result will be equitable.

5. Required Showing. Verified motion + supporting affidavits + proposed responsive pleading. Excusable neglect requires more than carelessness; meritorious defense must be specific.

6. Filing Procedure. Motion + affidavits + proposed answer; serve all parties; set for hearing.

7. Bond / Conditions. Court may condition vacatur on payment of plaintiff's costs and reasonable attorney fees.

8. Appeal of Denial. Appealable as a final order under C.A.R. 1.

9. Collateral Attack. A judgment void for lack of jurisdiction may be challenged at any time.

This is legal information, not legal advice.