“Foreign Judgment” means for cases that originated outside of the State of Colorado, any judgment, decree, or order of a court of the United States or any other court that is entitled to full faith and credit in Colorado.
The information provided is a guide to the process and forms necessary to file a foreign judgment in Denver County. To file in Denver County, Denver would have had to have jurisdiction over the action if it were originally filed in Colorado. The filing party must provide the Court with an exemplified/authenticated copy of the judgment.
Once a foreign judgment is filed, it will have the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, enforcing, satisfying, or staying as a judgment that entered on a case originating in Colorado.
For additional information, please review Colorado Revised Statutes §13-53-101 et. seq.
STEPS TO FILING YOUR CASE
Obtain exemplified copies of all judgment orders in the case you wish to file in Denver County. This includes all court orders and judgments issued by another court. Keep a copy of all documents for your own records and make a copy to provide to the other party. An exemplified copy of the document/record may have a cover page with two or three court seals stating that the document/record is a true and correct copy.
Complete the Appropriate Forms.
You must identify yourself in the same manner that you are identified in the out-of-state case (i.e. plaintiff or defendant). It is important to remember that your role in the case does not change based on who files the foreign judgment. The caption portion (plaintiff and defendant information) must be completed on all forms. Keep a copy of each form for your own records and make a copy to provide to the other party.
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- Judgment Creditor Affidavit in Support of Foreign Judgment
– Complete all sections of this form. Attach authenticated/certified copies of all judgment orders from the originating out-of-state court.
- Judgment Creditor Affidavit in Support of Foreign Judgment
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- Notice of Filing of Foreign Judgment – Complete all sections of this form.
- The judgment creditor or judgment creditor’s Attorney can mail the notice to the judgment debtor or the Court clerk will mail the Notice.
- Complete the Certificate of Mailing indicating to the Court when the mailing was complete.
- If the Court mails the Notice, make sure you provide extra copies of the Notice and Affidavit along with pre-addressed/stamped envelopes to send to the judgment debtor.
- Notice of Filing of Foreign Judgment
File With the Court
- Provide the Court with the appropriate number of copies of the completed documents.
- Attach authenticated/certified copies of all judgment orders from the originating court.
- Pay a NONREFUNDABLE filing fee.
- The clerk shall mail notice of filing of foreign judgment to the judgment debtor at the address provided to the Court.
- 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.
COURT REVIEW
The Court will review the documents. If an objection is filed, the Court may require a hearing to determine whether the judgment should be registered. Once a foreign judgment is entered, the Court has the ability to reopen, vacate, enforce, stay or satisfy the judgment. No execution or other process for enforcement of a foreign judgment shall issue until 10 days after the date the judgment is filed.
If you do not understand this information, please contact an attorney.