Legal Question in Civil Litigation in Colorado

Judgement for defense cost in civil lawsuit.
We were unsuccessful plantifs in a injury suit. we rejected the final settlement offer and lost the case. The defense was awarded court cost of $8,000 which we can not pay. Our former lawyer will not assist us in any way and has withdrawn; he is under investigation by the state for ethics violations. The purpose of the judgement was to reimburse the insurance co, Loyds of London. We offered to pay in installments over 4 years but were refused for inconvience. After two years we are now receiving demand letters threatening foreclosure from the defense attorney. We have been told that often an insurance co will write off a debt of this size. If this is true, can the judgement still be collected for personal use by any member of the defense team? The attorney's letter specifically states he has been directed by letter from the insuror to foreclose, which we do not believe. Can we demand to see the alledged letter from the insurance co? Can we petition the court to void the order if the insurance has written off the debt? Can they refuse our payment offer of installments and still foreclose?

Asked on 8/16/00, 5:45 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Judgement for defense cost in civil lawsuit.

1. They are not required to accept partial payments;

2. Even if the company wrote the debt off for taxes, they can write it back on if they collect from you.

3. They can indeed execute the judgment, which is not for their lawyer but for the company.

4. You have no right to correspondence between the company and their attorneys.

5. You owe the money. It would probably be wise to borrow it, pay them off, and retire your loan in monthly installments.

Answered on 9/27/00, 10:12 am

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