Legal Question in Credit and Debt Law in Colorado
Collecting a California Judgment on a Colorodo Resident
I purched real property in California, and the seller has moved to Colorodo. The matter relates to violations of California's real estate disclosure laws and possible fraud. The damages are in excess of $50,000. The dispute has to go to binding Arbitration, which is then entered as Court Judgment. How do I collect on a judgment in my favor when the defendant is now a resident of Colorodo?
3 Answers from Attorneys
Re: Collecting a California Judgment on a Colorado Resident
Good luck with your matter. It appears that you have not proceeded to arbitration so there has been no order to enter as a judgment.
Mr. Starrett is correct. Under the Uniform Enforcement Of Foreign Judgments Act, a judgment from other states generally is entitled to full faith and credit for the purpose of judgment enforcement and remedies. (C.R.S. 13-53-101 et seq.)
You would need to file an authenticated copy of the foreign judgment, an affidavit setting forth the names and address of the parties, in addition to other requirements and fees to enforce the judgment in Colorado.
Re: Collecting a California Judgment on a Colorodo Resident
You should probably retain an attorney in Colorado. You need to have the California judgment registered (or domesticated) in Colorado, tnen you can use Colorado laws and procedures to enforce the judgment in that state. Nearly every state has adopted some form of the Sister State Judment Enforcement Act, but you should consult a Colorado attorney for the exact procedures.
Re: Collecting a California Judgment on a Colorodo Resident
You will have to go to Colorado to enforce your judgment, if the seller has no other assets here in California. You'll probably have to hire a Colorado lawyer to proceed there, since it will be difficult and time-consuming to do the work yourself.