Default judgment in Colorado: how to set it aside
What a default judgment means and how to ask the court to set it aside, with a deadline calculator.
Checked against official sources: Oct 24, 2026.
Short answer
A default judgment means the court decided against you because you didn't answer. File a Motion and Order to Set Aside Default Judgment (JDF 78) together with your Answer (Form 3) and pay the filing fee.
- Shortest time to ask
- 182 days (Mistake or excusable neglect (C.R.C.P. 60(b)))
- Time to answer
- 21 days
If you didn't answer in Colorado
If you do not file an answer and do not appear on the return date, the plaintiff can ask the court to enter judgment against you for what the complaint asks for. The court can then order you to answer written questions about your money and property (interrogatories).
Canceling a default judgment in Colorado
File a Motion and Order to Set Aside Default Judgment (JDF 78) together with your Answer (Form 3) and pay the filing fee. You must explain why you did not respond or appear and show facts for a valid defense. The court may set a hearing. If the reason is mistake or excusable neglect, the Colorado rule on relief from judgment says the motion must be filed no more than 182 days after the judgment was entered. Act quickly.
Law: C.R.C.P. 60(b); JDF 96 (Motion to Set Aside Default Judgment); JDF 78; C.R.C.P. 60(b) (182 days), as stated by the Colorado Supreme Court in In re J.C.W., 2025SA120 (May 30, 2025)
Count your deadline to set aside a default
What the judgment means in Colorado
- Interest after the judgment
Interest runs from the date of the judgment until it is paid: at the rate in your written contract (for a variable rate, the rate in effect on the judgment date), or 8% a year compounded annually if no rate was agreed. Interest on medical debt cannot be more than 3% a year.
Law: C.R.S. § 5-12-102(4), (5)
- How long it lasts
A county court judgment can be collected for 6 years from the date it was entered. A district court judgment can be collected for 20 years. After that it is treated as paid unless the creditor revives it before it runs out (Motion for Revival of Judgment, JDF 113). A judgment lien on real estate lasts 6 years unless revived.
Law: C.R.S. §§ 5-12-102(4), (5), 13-52-102(1), (2)
Mediation and settlement in Colorado
In county court, if the court accepts your answer, it will set a mediation date or a trial date, depending on that court's procedures. On the court date you may be asked to talk with the other side to see if the case can be settled; an agreement is written up as a Stipulation (JDF 75). (JDF 96)
Servicemembers
Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.
Law: 50 U.S.C. 3931(b)(1)
Steps after a default in Colorado
Get the judgment papers
The judgment's date matters. Ask the clerk for a copy.
Move fast
In Colorado: File a Motion and Order to Set Aside Default Judgment (JDF 78) together with your Answer (Form 3) and pay the filing fee.
Give your reason and your defense
Courts usually ask for a good reason and a real defense.
Protect your money
Get help
Legal aid can help for free: Colorado Legal Services (free legal aid) and Colorado Bar Association: Find a Lawyer.
Free help in Colorado
Questions about default judgments in Colorado
How many days do I get to answer in Colorado?
County Court: by the date and time on your summons (the return date). You can file your answer before that date, or go to court at that date and time and file it there. District Court: 21 days after you are served in Colorado, or 35 days if you were served outside Colorado.
What if I miss the deadline in Colorado?
If you do not file an answer and do not appear on the return date, the plaintiff can ask the court to enter judgment against you for what the complaint asks for. The court can then order you to answer written questions about your money and property (interrogatories).
How long do I have to undo a default in Colorado?
File a Motion and Order to Set Aside Default Judgment (JDF 78) together with your Answer (Form 3) and pay the filing fee. You must explain why you did not respond or appear and show facts for a valid defense. The court may set a hearing. If the reason is mistake or excusable neglect, the Colorado rule on relief from judgment says the motion must be filed no more than 182 days after the judgment was entered. Act quickly.
Related Colorado pages
Sources
- JDF 96 (Motion to Set Aside Default Judgment); JDF 78; C.R.C.P. 60(b) (182 days), as stated by the Colorado Supreme Court in In re J.C.W., 2025SA120 (May 30, 2025)
- Colorado Revised Statutes 2024, Title 13 (courts, fees, judgments, exemptions)
- Colorado Revised Statutes 2024, Title 5 (interest § 5-12-102; debt collection lawsuits § 5-16-111)
- County Court Civil Summons (C.R.C.P. Form 1)
- District Court Civil Summons (JDF 600)
- Answer Under Simplified Civil Procedure (Form 3)
- Instructions for Filing an Answer and/or Counterclaim in County Court (JDF 96)
- Colorado Supreme Court, In re J.C.W., 2025SA120 (C.R.C.P. 60(b) 182-day limit)
- Motion to Waive Fees (JDF 205)
- Affidavit of Service (JDF 98)
- Writ of Continuing Garnishment (Form 26)
- Objection to Calculation of the Amount of Exempt Earnings (Form 28)
- Writ of Garnishment with Notice of Exemption and Pending Levy (Form 29)
- Claim of Exemption (Form 30)
- Motion for Revival of Judgment (JDF 113)
- H.B. 26-1426, enrolled act (Colorado General Assembly)
Last checked: Oct 24, 2026.