A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances. Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted.
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The Colorado homestead exemption protects equity in a home from judgment creditors and the Chapter 7 bankruptcy trustee. It prevents judgment creditors from foreclosing on liens that may have arisen from unsecured debt, such as credit cards or medical bills.
Stat. § 13-52-102(2)(b)(I) and (II) (referencing 6 years to execute a county court judgment and restitution judgments that can be executed on at any time until paid). Generally, a lien of judgment expires six years after the entry of judgment unless revived. Colo.
Rule 369. Execution and Proceedings Subsequent to Judgment (d) Order for Debtor to Answer. At any time when execution may issue on a judgment, the judgment creditor shall be entitled to an order requiring the judgment debtor to answer such interrogatories concerning his property as shall be approved by the court.
If the debtor does not comply with the court order to pay you, your attorney can file a Transcript of Judgment to obtain a lien on their property so that it can be used in collection proceedings. If the debtor has property in more than one county, you must record this in every county where the property is owned.
Rule 69 - Execution and Proceedings Subsequent to Judgment (a) In General. Except as provided in C.R.C.P. 103 or an order of court directing otherwise, process to enforce a final money judgment shall be by writ of execution. (b) Proceedings for Costs.
A Rule 69 Agreement allows the parties to settle some or all of their disputes privately, leaving only the unresolved issues to be resolved by the family law court. Common disputes settled ahead of divorce trial proceedings are visitation, parenting time, child support, and how to divide assets.
A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution ? and in proceedings supplementary to and in aid of a judgment or execution ? must with the procedure of the state where execution is sought, but a federal statute governs to the extent it applies.
Federal Rule of Civil Procedure 69(a) states, ?In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person?including the judgment debtor?as provided in these rules or by the procedure of the state where the court is located. ...
