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Judgments and Enforcement:
A judgment
entered in the court of the State of Colorado generally may be
revived within twenty (20) years after its entry, and may be
enforced and made a lien on a judgment debtor's non-exempt
real and personal property. (Rule 54(h), Rules of
Court).
All goods
and chattels, lands, tenements, and real estate of every
person against whom any judgment is obtained in any court in
Colorado, for any debt, damages, costs, or other sum of money
are liable to be sold on execution to satisfy the
judgment. A judgment becomes a lien upon all non-exempt
real property of the judgment debtor in such county in which a
certified copy of the transcript of the docket entry of the
judgment is recorded. The lien generally continues for
a period of six (6) years from the date the judgment is
entered unless it has been previously satisfied. If the
underlying judgment is a judgment for child support or
maintenance or arrears thereof or child support debt, the lien
remains in effect for the life of the judgment without the
necessity of renewal every six years.( C.R.S. 13-52-102.)
The
earnings of a judgment debtor generally may be subject to
garnishment for the satisfaction of a money judgment.
(C.R.S. 13-54.5-103) However, garnishment on wages or
replevin goods prior to the entry of a judgment is prohibited
for payment of any debt arising out of a consumer credit sale,
consumer lease, or consumer loan. (C.R.S. 5-5104.)
Garnishment may be a lien and continuing levy
against the earnings of a judgment debtor due for ninety days
following service of the writ or for ninety days following the
expiration of any writs with a priority under section
13-54.5-104. (C.R.S. 13-54.5-102.) The maximum
amount which may be garnished may not exceed 25% of the
individual's disposable earnings for that week, or the amount
by which the individual's disposable earnings for that week
exceed thirty times the federal minimum hourly wage prescribed
by section 206 (a)(1) of title 29 of the United States Code in
effect at the time the earnings are payable, whichever is
less. (C.R.S. 13-54-104.)
An authorization to confess judgment by a debtor on claims
arising out of a consumer credit sale, consumer lease or
consumer loan is prohibited under the laws of the State of
Colorado. (C.R.S. 5-2-415, 5-3-407.)
Foreign Judgment:
Under the
Uniform Enforcement Of Foreign Judgments Act of the State of
Colorado, a judgment from other states generally is entitled
to full faith and credit for the purpose of enforcement.
(C.R.S. 13-53-101 et seq.) Upon the filing of an
authenticated copy of the foreign judgment by a judgment
creditor or his lawyer, an affidavit setting forth the name
and last known post office address of the judgment debtor, and
the judgment creditor, payment of a required fee, and the
giving of appropriate notice thereof to the debtor at his last
known address, the clerk shall enter the foreign judgment and
treat it in the same manner as a judgment of the court of the
State of Colorado. No execution or enforcement, however, may
be issued until ten (10) days after the entry of the foreign
judgment. (C.R.S. 13-53-104.) A judgment so filed
has the same effect and is subject to the same procedures,
defenses, and proceedings for reopening, vacating or staying
as a judgment in the Court of the State of Colorado, and may
be enforced or satisfied in the like manner. (C.R.S.
13-53-103.)
Interest:
Legal
rate: 8% per annum, compounded annually,
if there is no agreement or provision of law for a
different rate. (C.R.S. 5-12-101.)
Contract rate: The parties to
any bond, bill, promissory note, or other instrument of
writing may stipulate in writing for the payment of a
greater or higher rate of interest than 8% per annum, but
not exceeding 45% per annum. (C.R.S. 5-12-103.)
Judgment rate: 8% per annum
if no rate is specified, or the rate specified in a contract
or instrument in writing, from the date of entry of judgment
until full satisfaction thereof. (C.R.S.
5-12-102(4).)
A
creditor may be entitled to the recovery of prejudgment
interest from the date of wrongful withholding to the date of
payment or to the date judgment is entered, whichever first
occurs, when money or property has been wrongfully withheld by
a debtor. (C.R.S. 5-12-102.)
Exemptions:
In
general, a debtor may claim exemption of his homestead and
non-exempt personal property from attachment or execution of
a judgment, or in a bankruptcy proceeding.
Every
homestead in the state of Colorado occupied as a home by the
owner thereof or his family is generally exempt from
execution and attachment arising from any debt, contract, or
civil obligation not exceeding the sum of $30,000.00 in
actual cash value in excess of any liens or encumbrances on
the homesteaded property in existence at the time of any
levy of execution thereon. (C.R.S. 38-41-201.)
Personal
property which may be exempt from levy and sale under writ
of attachment or writ of execution are itemized in C.R.S.
13-54-102. The value of property exempt generally
extends to the debtor and each dependent, and may include
wearing apparel to the extent of $750.00 in value; watches,
jewelry, and articles of adornment to the extent of $500.00
in value; library, family pictures, and school books
to the extent of $750.00 in value; burial sites; household
goods to the extent of $1,500.00 in value; provisions and
fuel on hand for the use or consumption to the extent
of $300.00 in value; if the debtor engages, as his
principal occupation, in agriculture or livestock or poultry
raising, livestock and poultry not exceeding in the
aggregate a value of $3,000.00, and horses, mules, wagons,
carts, machinery, harness, implements, and tools not
exceeding in the aggregate a value of $2,000.00; pension,
compensation, or allowance for any purpose on account or
arising out of the services of such person as a member of
the armed forces of the United States in time of war or
armed conflict; stock in trade, supplies, fixtures, maps,
machines, tools, equipment, books, and business materials
used and kept for the purpose of carrying on any gainful
occupation in the aggregate a value of $1,500.00; one
or more motor vehicles for the purpose of carrying on any
gainful occupation in the aggregate a value of $1,000.00;
one motor vehicle kept and used by any elderly or disabled
debtor for the purpose of obtaining medical care for himself
or his elderly or disabled dependent in a value not to
exceed $3,000.00; and professional library in the value
of $1,500.00. Other qualified exemptions may
include certain portion of the cash value of a life
insurance policy, insurance proceeds from fire and casualty
loss or damages, recovery from personal injuries except for
obligations incurred for the treatment of such personal
injuries, and retirement plan benefits. (C.R.S.
13-54-102.)
A
creditor generally may not execute against monies that are
set aside for child support payments so long as the payments
are deposited into a custodian account in a bank, savings
and loan, or credit union account if the account is for the
sole benefit of the child designated for child support
payments, and if no moneys other than child support payments
made pursuant to a support order or interest earned on the
moneys in the account are deposited into the account. A
child support payment is no longer exempt if the recipient
of the payment intermingles the payment with any other
moneys. (C.R.S. 13-54-102.5.)
The
exemptions provided in section 522 (d) of the federal
bankruptcy code of 1978 (Title 11 of the United States
Code), as amended, are denied to residents of the State of
Colorado.. Exemptions authorized to be claimed by
residents of Colorado is limited to those exemptions
expressly provided by the Colorado Revised Statutes.
(C.R.S. 13-54-107.)
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Civil actions
generally can be commenced only within certain time
limitations. The time generally runs from the date
a cause of action accrues. A cause of action for debt,
obligation, money owed, or performance is considered to
accrue on the date such debt, obligation, money owed, or
performance becomes due. A cause of action for balance
due on an open account for goods or services accrues at
the time of the last item of goods or services proved in
such account. A cause of action for breach of any
express or implied contract, agreement, warranty, or
trust is considered to accrue on the date the breach is
discovered or should have been discovered by the
exercise of reasonable diligence. In general, if a
cause of action for losses or damages is not otherwise
provided by the Colorado Revised Statutes, it may be
deemed to accrue when the injury, loss, damage, or
conduct giving rise to the cause of action is discovered
or should have been discovered by the exercise of
reasonable diligence. (C.R.S. 13-80-108.) When a
cause of action accrues is a critical issue and may be
different on a case by case basis. A creditor
should always consult actual legal counsel to determine
its right to action under the applicable statutes.
Some of the time limitations relevant to
credit and collection matters are as follows:
| Contract
actions |
3
years |
C.R.S.
13-80-101(a) |
| Sale of
goods |
3
years |
C.R.S.
13-80-101(a) |
| Replevin |
3
years |
C.R.S.
13-80-101(h) |
| Action
to enforce right under secured
instrument
|
6
years |
C.R.S. 13-80-103.5(a) |
| fraud,
misrepresentation, concealment, or
deceit
|
3 year |
C.R.S. 13-80-101(c) |
| General
limitation on actions which are not specifically
provided under the Colorado Revised
Statutes
|
2 years
|
C.R.S.
13-80-102(I)
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