Legal Question in Civil Rights Law in Colorado

A motion for entry of judgement on stipulation was send to me through US mail on October 21 2015 from my plaintiff stating that I was behind on my payments and that if I didn't comply within 7 days she would be entering a judgement against me. I didn't receive anything else about it after that. Today however I went online to check my checking account balance and noticed that my bank account was completely drained. She had garnished my entire bank account. My questions are, one/...should there have been a court date where she had to prove that I wasn't making payments, and two is it legal for her to do that? Is there anything I can do?? She took all the money I had, which was for rent and my car payment. I don't know what to do


Asked on 12/01/15, 9:35 pm

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

If you filed no response to the motion for entry of judgment then the judge assumed that you did not oppose the motion. It was granted by default. If you did not believe that you were, in fact, behind, then you should have filed a response. Then the Court would have set a hearing. You do not get notice of a garnishment until they take the money. If they give you notice, most people will move their money.

Unfortunately, it sounds like you got all the notice that you were entitled to. A bankruptcy attorney may be able to help you take care of the debt and keep your car payment on track.

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Answered on 12/03/15, 11:24 am


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