This Checklist on the domestication of foreign judgments is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy. When you have obtained a judgment from outside of Colorado against a Colorado resident, you must domesticate the judgment in Colorado before you can proceed to execute on the judgment (attempt to collect). Fortunately, in Colorado the domestication process is relatively simple:
- In Colorado, the domestication of foreign judgments is governed by the Uniform Enforcement of Foreign Judgments Act, C.R.S. Section 13-53-101 et seq.
- The court filing fee is $166 per judgment to be domesticated (note: a single judgment against multiple judgment debtors, jointly and severally, counts as only one judgment)
- Draft a pleading styled Notice of Filing of Foreign Judgment
- Include as an attachment an authenticated copy of the foreign judgment
- Include as an attachment an affidavit including (1) the name and last-known postal address of the judgment debtor(s); (2) the current postal address of the judgment creditor; and (3) the name and current address of the judgment creditor's Colorado attorney
- The clerk of the court should send notice of this filing to each of the judgment debtors listed, however this notice requirement can also be met by filing proof of mailing, by certified mail, notice of the filing and the judgment to judgment debtors
- 10 days after the filing of the judgment (not receipt of the notice by the judgment debtors), efforts to collect or execute on the judgment in Colorado courts may commence
Jeff Vail is a business litigation attorney in Denver, Colorado. Visit www.vail-law.com for more information.
This checklist is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.