Legal question: How to respond to a motion in small claims court.

In Colorado, in small claims court you need to sue where the person lives or where they conduct business. Mrs Cad was paying off a creditor when they violated a court order, refused to take her money and filed for a default judgement in the wrong county (where we don’t live). She was never served or notified (imagine that) and so never went to court and they got their default judgement. She hired an attorney who started on the case and now she has not heard from him in two months. No return calls, emails or anything.
She turned around and filed in our home county for violations of our state’s Debt Collection and Credit Reporting Acts. Today she received a letter from the Debt Collector’s attorney. It was a motion saying: the company does not have an office in Colorado so the case should be dismissed. If not dismissed, it should be moved to the other county where the judgement was issued.
Her court date is February 2nd. How does she respond to this? Mail her own motion to the court to keep it here? Go to court on the 2nd expecting to argue the case? I know we need an attorney but like I said hers dropped the case apparently and we need to know if she should do something IMMEDIATELY.

Small claims court judges are pretty lenient to litigants representing themselves. Technically you probably should respond to the motion, but in small claims court you can get away with showing up to the appearance and arguing the motion.

An attorney would be expected to file a response to the motion and then show up to the court appearance ready to argue the motion. An uncontested motion doesn’t have to be granted, but there is a much higher chance that it will be granted as opposed to a motion that is contested. But in small claims court, judges tend to allow pro se litigants to argue motions in court without requiring them to follow civil procedure and respond on paper.

The format of the response depends on the rules of civil procedure in your state and the local courthouse rules. Kind of difficult to figure out if you are not an attorney. Even if you were an attorney it would still be difficult if you didn’t do small claims litigation for a living.

If you can figure out how to make a legal argument and respond to the motion, then you should file a response to the motion (call the court to find out how to file a response) and show up to court ready to argue the motion. If you can’t figure it out, then just show up in court ready to argue the motion.

Or you can show up to court and ask for more time to respond because you are searching for an attorney.

I would also look into vacating that default judgment for lack of service.

Colorado licenses debt collectors, although there are some exceptions depending on what kind of debt. One of the requirements of being licensed is to maintain a business office in the State of Colorado.