First National Bank of Telluride v. Fleisher

This case concerns the effect of failure to provide a defaulting party notice as required under C.R.C.P. 55(b) of proceedings underlying a judgment lien against him. We must determine whether failure to provide such notice constitutes a jurisdictional defect that renders a default judgment void. We also consider whether, and under what conditions, failure to provide notice constitutes a violation of the defaulting party's due process right to be heard in the proceeding against him.1

We hold that lack of notice under C.R.C.P. 55(b) of a default judgment supporting a judgment lien is not a…