At what point does a lawsuit legally start in Colorado

Started by AlanH2 • 8 replies • 1541 views

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AlanH2 (Colorado)
Posts: 30

Posted:

Hi,

Could someone tell me the legal starting point of a lawsuit in Colorado?
Is it at the time of filing or when the party is served? Any case law or statute
supporting the answer?? Any help would be appreciated!

Alan

TracyT (Maryland)
Posts: 228

Posted:

Alan,

I can not speak to CO law (or any for that matter) but based on my situation (in MD), I can only guess that the process techically begins when the defense is served.

On this subject (in a way) I'm curious . . . Our BOD held a close session meeting under the auspice of any "potential or pending litigation". They apparently discussed ways of making our project acceptable but excluded both me and my husband who, is on the BOD.

If the complaint has been filed, a response to a complaint filed, motion to strike preliminary defense filed, answer to motion to strike, motion hearing scheduled, requests for document production (by both defense and plaintiff), court ordered mediation and pre-trial settlement conference etc. . . . Isn't litigation already in progress?

There is other criteria for closed session such as for a reason so compelling the majority of the BOD things it should be closed . . . Did the cite the correct rule from our By-law?

Thanks.
T

RogerB (Colorado)
Posts: 5,067

Posted:

Alan, the starting point is when an attorney is hired.

NancyD1 (Florida)
Posts: 447

Posted:

A lawsuit by definition starts when a complaint or pleading is filed with the court. The second part of the suit is when the defendant is served with the complaint or summons. The third is the defendants answer to the complaint.

The fourth the case goes on forever.

AlanH2 (Colorado)
Posts: 30

Posted:

Thanks for the responses but let me be a little more specific. The HOA
has filed a lawsuit (April 07). They did not serve the defendants until
June 07. In between that time they voted in new covenants giving them
specific rights to collect attorney fees regarding disputes with homeowners and other covenants too numerous to mention. They served the defendants (June 07) with an ammended complaint siting the new covenant provisions. The HOA is basically saying the lawsuit did not commence until the defendants were served thus the new covenants should apply to this case. I say they are wrong, the case started when they originally filed back in April 07. Your opinions please!

Thanks,
Alan

NancyD1 (Florida)
Posts: 447

Posted:

Quote:

Posted By AlanH2 on 09/20/2007 6:05 AM

Thanks for the responses but let me be a little more specific. The HOA
has filed a lawsuit (April 07). They did not serve the defendants until
June 07. In between that time they voted in new covenants giving them
specific rights to collect attorney fees regarding disputes with homeowners and other covenants too numerous to mention. They served the defendants (June 07) with an ammended complaint siting the new covenant provisions. The HOA is basically saying the lawsuit did not commence until the defendants were served thus the new covenants should apply to this case. I say they are wrong, the case started when they originally filed back in April 07. Your opinions please!

Thanks,
Alan

Alan, you are correct, the suit started April 07. The lawsuit cannot procede or any action taken until the lawsuit is answered by the defendants. The defendants have 30 days or more, if specifically stated, on the original complaint to answer.

The new covenants are illegal, if this is what the suit was about.

In a lawsuit, the defendant has to have the right to defend himself. If he has not had "his day in court" any action pertaining to this lawsuit is null and void.

The HOA, I am assuming has an attorney. He will tell them they cannot take the action before defense. If the defendants fail to answer the complaint within the required period of time, the suit is won by default.

RogerB (Colorado)
Posts: 5,067

Posted:

Alan, the amendment to the CC&Rs updated to the Colorado Common Interest Ownership Act (CCIOA). This allows the prevailing party in a suit to get costs reimbursed by the losing party. That is why I stated it starts when you employ an attorney (first legal expense). Apparently the attorney who filed on behalf of the HOA did not advise your Board on this statute which became effective 1/1/06.

AlanH2 (Colorado)
Posts: 30

Posted:

Thanks. Does this also apply to a defendant who it outside the HOA?

Thanks again,

Alan

AlanH2 (Colorado)
Posts: 30

Posted:

Thanks to you too Nancy. I was wondering why you stated the new covenants
were illegal?

Thanks again,
Alan

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