Colorado Poverty Law Project (CPLP) is seeking a volunteer attorney to assist a Spanish-speaking husband and wife and their three kids live in a mobile home park in Adams county. Because of the pandemic, the husband, who is the primary income earner, had a reduction of work hours. The family has been behind on rent since August. Park management started an FED action against these tenants on September 16, 2020 for nonpayment of rent. The husband and wife were pro se and asserted no defense in their answer, nor were they aware of the option of signing a CDC declaration at that time. The court therefore entered an order of eviction and writ of restitution on October 8, 2020.
The family is now trying to negotiate payment of back rent, but park management is only willing to give the family one week to pay a majority of the rent or they are going to contact the sheriffs to execute the Writ order. On October 30, 2020, the husband submitted a CDC declaration to his landlord, but the landlord said it was not applicable because a Writ has already been issued by the court.
While the landlord’s interpretation of the effect of the declaration under the CDC Order post-writ is debatable, the Governor’s recent executive order clearly applies its moratorium post-writ. We thus need a volunteer immediately to appear in the case and file a motion to have the Writ vacated (or at least postponed until the executive order is no longer renewed, which hopefully won’t be for several months). The wife is a bilingual speaker, but CPLP can facilitate translation as needed. CPLP also has a sample motion that can be used.
Finally, if you have any questions, please contact me: firstname.lastname@example.org. We are unable to provide malpractice insurance for this case, so you would need to be able to cover that expense.