A. Default Judgment And/Or Abandonment Of Vehicle: In the event that the defendant(s) fail to file an Answer within twenty-eight (28) days from when the summons, complaint, and motion for the temporary restraining order is mailed, or twenty-eight (28) days from when the vehicle at issue is closed/detained, whichever is later, the Court shall enter a default judgment and an order deeming the vehicle abandoned.
B. No Civil Judgment Or Fees Imposed Upon Default: In the event a default judgment and order of abandonment are entered, the civil judgment described in City Code subsection 10.29.111D shall not be imposed and the vehicle shall be disposed of pursuant to the provisions of City Code section 10.25.106. Additionally, costs and fees associated with impoundment will not be imposed by the Court.
C. Default Judgment Effect On Temporary Restraining Order And Civil Action: Upon any default judgment the temporary restraining order is deemed vacated as moot. Additionally, after the entry of a default judgment, the civil action is deemed completed and may be closed.
D. Vehicle Abandonment: After a final order and judgment is entered by the Court releasing the vehicle from closure/detainment, the owners and lienors must comply with those orders within a reasonable time period. If the owners and lienors fail, neglect, or refuse to pay the fees, expenses, and judgments, within ninety (90) days of receiving notice of the final judgment of the Court, the motor vehicle shall be declared to be abandoned and shall be disposed of in compliance with this Code.
E. Motion For Relief From Default: Within ten (10) days after the entry of an order of default judgment and/or abandonment of vehicle, a party may move to set aside the order. Such motion must be in writing and served upon the City Attorney's Office, Prosecution Division. After ten (10) days, if there is no such motion filed with the Court, the City may begin the process of disposing of the vehicle. Any motion for relief from default must state, with particularity, the grounds upon which the moving party is asking for the judgment to be vacated. The Court can rule on the pleadings or require a hearing on the issue. The standard for granting or denying a motion for relief for default will be as described in C.R.C.P 55 and C.R.C.P. 60. (Ord. 23-01)