When a court awards a civil judgment, it does not always result in a quick payment. Judgments must be collected before the expiration date. County court judgments run six years, while those in district courts extend it to twenty years. The party who is owed the award is known as the Judgment Creditor and the party who is responsible to pay the award is the Judgment Debtor. If an uncollected judgment is nearing expiration, you can petition the court for an extension.
Remember, you are ultimately responsible for collecting a judgment, so work with your attorney to do so.
First, you and your attorney may formally ask the party for payment in writing before approaching the court for action. Obtain relevant information about the party that owes. If this is an individual you will want to begin with their place of employment, the bank they use, any property that they own, etc. Keep in mind that local courts often have varying policies and procedures that you should verify or review with your attorney. If you have minimal information about the individual in a county court award, download JDF 105, which is a version for individuals and businesses. After completion, you can have the court send, or you can have it delivered by personal service, using also a confirmation of receipt. Once the party receives the document, they must respond within 14 days with information that is critical for collection.
Cases that were handled in a district court require adherence to Rule 69(d) of Colorado’s Rules of Civil Procedure to collect the judgment. Next, you can consult with your attorney on potential collection options. One common method for collecting is through garnishment. Garnishment is a process of collecting someone’s wages, property, or other assets in order for the creditor to be paid. Another option is placing a lien on property is a means of collection where your judgment is attached to the property so that if it were sold you would be able to be compensated.
You or your personal injury attorney should obtain the Transcript for Judgment from the court. There is typically a fee required; however, it may be waived depending on the circumstances. The Transcript of Judgment should be filed with the Clerk & Recorder’s Office for the county, which will formally link your judgment to the property lien. Your attorney will have additional resources in pursuing the award. Once a judgment is paid, you will complete a JDF 111 Satisfaction of Judgment and forward the same to the court.
Navigating the civil court procedures can be challenging; therefore, these matters are best completed with assistance from an experienced, local lawyer. The Law Firm of Jeremy Rosenthal has been successfully upholding justice on behalf of Colorado injury victims who have incurred losses for many years. Make the call at (303) 825-2223 so that Denver accident attorney Jeremy Rosenthal can review your case today.
