Denver County Court

Motion for Contempt Citation

These instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Forms

Motion and Affidavit for Citation for Contempt of Court  
Order to Issue Citation  
Citation to Show Cause  
Affidavit of Service  
Fugitive Information Sheet  

You must file your documents in the case in which the Court awarded a money judgment in your favor.  You may file if the judgment debtor has not complied with the Court Order, e.g. failed to respond to interrogatories following service or has filed an answer that does not adequately respond to the questions.

For additional information, please review the Colorado Rules of County Court Civil Procedure – Rule 369 and 407.

The Court cannot collect your money judgment for you.

STEPS TO FILING YOUR MOTION

Complete Appropriate Forms

You are the judgment creditor and the party you are filing against is the judgement debtor.  If there is more than one judgment debtor who has failed to comply with the court order complete all required forms for each debtor.

  • Motion and Affidavit for Citation for Contempt of Court   
    • Fill in all the blanks and complete all the necessary information on this form.
    • You must sign this form in the presence of a Notary Public or Court Clerk.
  • Order to Issue Citation    – Complete only the caption (plaintiff and defendant information) portion of this form.
  • Citation to Show Cause    – Complete only the caption (plaintiff and defendant information) portion of this form.

File Your Forms With the Court

  1. Provide the Court with the original and  two (2) copies (for each judgment debtor) of the Motion and Affidavit, Order to Issue Citation, and Citation to Show Cause, a copy of the Interrogatories, and a self-addressed stamped envelope.
  2. Provide the Court with a copy the Answers, if any, along with the Affidavit of Service for the Interrogatories.
  3. If the Motion and Affidavit has not been signed in the presence of a Notary Public, you will sign the Motion and Affidavit before the Court Clerk at this time.
  4. Pay the NONREFUNDABLE filing fee.
  5. The clerk will set your case for a Show Cause Hearing date, and complete the Citation to Show Cause form, once the Judge signs the Order to Issue Citation.
  6. The Citation for Show Cause will be returned to you for service, if a self-addressed stamped envelope was provided.

Serve the Motion and Affidavit and Citation for Show Cause

You must have the judgment debtor personally served with a copy of the Motion and Affidavit for Citation for Contempt of Court and a copy of the Citation to Show Cause at least 21 days prior to the contempt hearing date.  Each defendant must be served.

Service on the Defendant(s)

  • Select either the Sheriff’s Department, a private process server, or someone who is 18 years or older and not a party to the case, and who knows the Rules of Service to serve the defendant(s). There is a service fee that is payable to the Sheriff’s Department or Private Process Server.
  • You can locate private process servers in the yellow pages under Process Servers.
  • Provide the process server with two copies of the Citation to Show Cause and the Motion and Affidavit for Citation for Contempt of Court.
  • The process server will return the original documents and a completed Affidavit of Service to you.
  • File the Affidavit of Service with the Court on or before your Court Date.
  • Keep a copy of the Affidavit of Service for your records.

Show Cause Hearing

  • In the event you receive completed interrogatories from the judgment debtor, prior to the hearing date, check with the Court to determine if the hearing should be dismissed.
  • Be prepared for your hearing. If you did not provide copies of interrogatories to the Court when you filed your Motion and Affidavit, bring them to the hearing. The Court will not make the copies for you.
  • You and the judgment debtor will have an opportunity to discuss why compliance with the Order was not followed.
  • If do not appear, the Show Cause Hearing for the contempt citation will be vacated.

If the judgment debtor fails to appear, the Court will issue a bench warrant. A physical description of the judgment debtor is necessary to issue the warrant and it is the responsibility of the judgment creditor to provide this description to the Court. Complete the Fugitive Information Sheet    and return it to the Court to have the warrant issued.

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