Can I modify or vacate a small claims court judgment?
Yes, it is possible to modify or vacate a small claims court judgment in Colorado. The Colorado small claims court allows for post-judgment relief which includes a motion to vacate the judgment or motion to modify the judgment. A motion to vacate the judgment is a request to set aside the judgment of the court. This motion is usually filed when the original decision was in error or if the defending party did not have enough time to prepare. To move to vacate a judgment, you must file a motion with the court where the ruling was originally made. A motion to modify the judgment is a request to alter the order of the court. This motion is usually filed when there is evidence that the judgment should be changed in some way. For example, if the defendant is able to pay more than originally ordered, the plaintiff may file a motion to modify the judgment to increase the amount of money to be paid. To move to modify a judgment, you must also file a motion with the court where the ruling was originally made. In order to be successful in either motion, you must show the court sufficient evidence that the ruling should be changed. It is important to contact a Colorado legal professional for advice and consultation before filing a motion.
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