Judgments – Foreign Judgments – Colorado
This article shall be known and may be cited as the “Uniform Enforcement of Foreign Judgments Act”. Title 13, Art. 53, §13-53-101.
As used in this article, unless the context otherwise requires:
(1) “Foreign judgment” means any judgment, decree, or order of a court of the United States or of any other court, except a protection order or a restraining order as described in section 18-6-803.8, C.R.S., that is entitled to full faith and credit in this state. Title 13, Art. 53, §13-53-102.
Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with the act of congress or the laws of this state may be filed in the office of the clerk of any court of this state which would have had jurisdiction over the original action had it been commenced first in this state. 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 of the court of this state in which filed and may be enforced or satisfied in like manner. Title 13, Art. 53, §13-53-103.
Notice of filing.
(1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last-known post-office address of the judgment debtor and the judgment creditor.
(2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor’s lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(3) No execution or other process for enforcement of a foreign judgment filed under this article shall issue until ten days after the date the judgment is filed. Title 13, Art. 53, §13-53-104.
(1) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(2) If the judgment debtor shows the court any ground upon which enforcement of a judgment of a court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period upon requiring the same security for satisfaction of the judgment which is required in this state. Title 13, Art. 53, §13-53-105.
(1) Any person filing a foreign judgment shall pay to the clerk of the court ninety dollars. Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgments of the courts of this state.
(2) Notwithstanding the amount specified for the fee in subsection (1) of this section, the chief justice of the supreme court by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the chief justice by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S. Title 13, Art. 53, §13-53-106.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired. Title 13, Art. 53, §13-53-107.
Uniformity of interpretation.
This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Title 13, Art. 53, §13-53-108.