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Collecting a Judgment

Collecting a Judgment 

Step 1: Determine

You need to make sure to collect your money before your judgment expires.

  • If you were awarded a money judgment in County Court, it will expire 6 years from the date of the judgment.
  • If you were awarded a money judgment in District Court, it will expire 20 years from the date of the judgment.

If you are getting close to the date that your judgment will expire and you have not been able to collect the money, you can ask the court to extend the expiration date.  You must do this before your judgment expires.  See the section on extending the expiration date of a judgment for instructions on how to get an extension.

NOTE:  It is your responsibility to collect your judgment.  The court will not do this for you.

Step 2: Ask

Before you take court action to collect your judgment, ask in writing for the person (or business) that owes you money to pay what they owe.  This is not something you have to do, but it may be a way to work things out without having to involve the court.

If the person or business that owes you money refuses to pay, you will need to take further action to collect what you are owed.

Step 3: Information

If you do not know any information about the person (or business) that owes you money, such as where they work, where they bank, where they own property, etc., follow the steps below to find out that information.

If you already have all of the information you need, you can skip this step.

NOTE: Some courts have local policies that may be slightly different than the instructions below. Make sure to check with your local court as to their local policy.

County Court

If you do not know where the person or business that owes you money works, where they bank, where they own property, etc., and the case where you were awarded money is in County Court, follow these steps:

  1. Download JDF 105 Pattern Interrogatories Under C.R.C.P. 369(g) - Individual or JDF 108 Pattern Interrogatories Under C.R.C.P. 369(g) - Business. This form asks a lot of questions which the person or business that owes you money is required to answer. Fill out the information in the box at the top of the form. On the first line below the box at the top of the form, enter the name of the person or business that owes you money. The person or business (through a representative) that owes you money will need to fill out the rest of the form by answering the questions. 
     
  2. Send JDF 105 Pattern Interrogatories Under C.R.C.P. 369(g) - Individual or JDF 108 Pattern Interrogatories Under C.R.C.P. 369(g) - Business to the person or business that owes you money. There are two different ways you can send this form:  
    a. You can file the form with the court, and the court will send the form to the person or business that owes you money; OR  
    b. You can arrange to deliver the form to the person or business that owes you money and file proof of service with the court. The process of arranging to have the form delivered is known as personal service. Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court.
  3. Wait for the person or business that owes you money to send back his/her answers. He/she must file the answers with the court and send you a copy no later than 14 days after he/she receives the form. Once you get the answers back, you should have the information you need to collect your judgment.

Small Claims Court

If you do not know where the person or business that owes you money works, where they bank, where they own property, etc, and the case where you were awarded money is in Small Claims Court, follow these steps:

  1.  Fill out and file JDF 252A Motion and Order for Interrogatories - Short Form, JDF 252B Motion and Order for Interrogatories - Long Form or JDF 108 Pattern Interrogatories Under C.R.C.P. 369(g) - Business with the court. These forms ask a lot of questions which the person or business that owes you money is required to answer.
  2. The court will send the form to the person or business that owes you money and they will have 14 days to send back their answers. Once the answers are received, you should have the information you need to collect your judgment.

If the case where you were awarded money is in District Court, see Rule 69(d) of the Colorado Rules of Civil Procedure for information on how to send questions to the person or business that owes you money that they are required to answer.

Step 4: Decide

NOTE:  These are just a few options on how you want to collect your judgment.  You may want to talk to an attorney about all possible options for collecting your judgment.

  • If you are owed money, you are known as the Judgment Creditor.
  • The person or business that owes you money is known as the Judgment Debtor.

Option 1:  Garnishment - For information on how to have money taken from someone's wages, personal property or other assets in order to pay what you are owed, refer to the Garnishment section.

Option 2:  Put a Lien on the property of the person or business that owes you money - When you put a lien on someone's property, your money judgment attaches to the property so that when the property is sold, you get paid out of the money from the sale.  Follow the steps below to get a lien:

  1. Ask the court for a Transcript of Judgment.  This is a document with information about your money judgment.  There is a $25.00 fee to get this document.  If you do not think you can afford the fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the fee. For more information go to File Without Payment page.
  2. Take the Transcript of Judgment paperwork to the Clerk and Recorder's Office in the county where the person or business that owes you money owns property.  Tell the Clerk and Recorder what property you want the Transcript of Judgment attached to (eg:  address of the house).  The Clerk and Recorder's Office may charge you a fee.

Step 5: Determine

After you have been fully paid what you are owed, fill out JDF 111 Satisfaction of Judgment and file it with the court.  You must sign this form in front of a Notary Public of court clerk.  

You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

When you file JDF 111 Satisfaction of Judgment, it will let the court know that you have been paid everything you are owed and that the case is over.