Expired Judgment

[kyle6386]

I am in Colorado and have a civil judgment against me. In Colorado judgments expire after 6 years. This 6 year mark is next week on this case and I was told I need to file a motion after that date to get it off my record. I need to do it right away as I close on a house 2 weeks after and cannot have any active judgments under my name. I'm just unsure what to write and title this motion. Hoping somebody can assist me with this.

 

[Zigner]

I am in Colorado and have a civil judgment against me. In Colorado judgments expire after 6 years. This 6 year mark is next week on this case and I was told I need to file a motion after that date to get it off my record. I need to do it right away as I close on a house 2 weeks after and cannot have any active judgments under my name. I'm just unsure what to write and title this motion. Hoping somebody can assist me with this.

With something this important you can't afford to not have an attorney.

 

[quincy]

I am in Colorado and have a civil judgment against me. In Colorado judgments expire after 6 years. This 6 year mark is next week on this case and I was told I need to file a motion after that date to get it off my record. I need to do it right away as I close on a house 2 weeks after and cannot have any active judgments under my name. I'm just unsure what to write and title this motion. Hoping somebody can assist me with this.

This was a judgment in County Court?

You are aware that the judgment can be renewed/extended, aren't you?

 

[kyle6386]

This was a judgment in County Court?

You are aware that the judgment can be renewed/extended, aren't you?

Yes, county court, and yes I am aware but as of today, a motion for revival has not been filed, I believe I also need to be served before the 6 year mark.

 

[Zigner]

Yes, county court, and yes I am aware but as of today, a motion for revival has not been filed, I believe I also need to be served before the 6 year mark.

The chances that your matter will be resolved in 2 weeks are extremely low. You NEED an attorney.

 

[Taxing Matters]

I am in Colorado and have a civil judgment against me. In Colorado judgments expire after 6 years. This 6 year mark is next week on this case and I was told I need to file a motion after that date to get it off my record.

Off what "record"? Colorado county court judgments expire six years from the date the judgment is entered unless revived. The effect of the expiration is that the judgment is considered satisfied. As a result, you don't need to file anything once the six years expires and the judgment has not been revived because the judgment is automatically no longer effective. I'm guessing either the title company doesn't know that or isn't comfortable with simply checking the county records after the six years is over to see if the judgment was revived. But what exactly does it want to see?

Note that it is very unlikely that you'll get anything filed in the court, served on the judgment creditor (which may be necessary depending on what it is you are asking the court to do), have the creditor file an answer (if required) and get a decision from the court in just two weeks.

 

[quincy]

What I am familiar with are "satisfaction of judgment" forms filed with the court - but these are generally (but not always) filed by the creditor when the judgment is actually satisfied (paid in full or in part). While I see that Colorado has these satisfaction of judgment forms, I don't see any similar form to use when a judgment has expired.

Kyle, you might want to call the court to ask if there is a form to file when a judgment has expired. I didn't find one on a brief search.

I agree with Zigner and Taxing Matters, though, that you are unlikely to have your records updated in two weeks, to show that the judgment has expired. You might want to consider delaying the closing.

 

[Taxing Matters]

Kyle, you might want to call the court to ask if there is a form to file when a judgment has expired. I didn't find one on a brief search.

There isn't one. That's why I was hoping the OP would tell me what it is that the title company (or lender) has asked for.

 

[quincy]

There isn't one. That's why I was hoping the OP would tell me what it is that the title company (or lender) has asked for.

It is easy to guess the reason for the lender wanting assurance that there are no judgments.

It could be easiest for Kyle to delay the closing until he is confident the judgment has not been extended.

 

[Litigator22]

I am in Colorado and have a civil judgment against me. In Colorado judgments expire after 6 years. This 6 year mark is next week on this case and I was told I need to file a motion after that date to get it off my record. I need to do it right away as I close on a house 2 weeks after and cannot have any active judgments under my name. I'm just unsure what to write and title this motion. Hoping somebody can assist me with this.

Curiously here, but did whomsoever it was that told you that when and if the time for execution on the judgment expires that you can ''get it off your record'' also tell you how and by virtue of what Colorado law?

I ask because frankly I know of no process in Colorado or elsewhere whereby a judgment debtor can obtain some form of court order documenting the singular event of a judgment having expired for purposes of enforcement.

It is true that once lapsed or expired a money judgment is "considered as satisfied in full" . (See: CRS 13-52-102 (b)(i)) But generally its a simple matter of the interested parties consulting a calendar.

Anyway, if you plan on filing such a motion you'd better plan on first consulting with a knowledgeable attorney who can tell you if it will work or not. And if not, know of other means of accomplishing your purposes.

Then of course there is the alternative: Pay your debt, secure a written satisfaction and remove the "deadbeat" stigma from your record!!

 

[quincy]

Curiously here, but did whomsoever it was that told you that when and if the time for execution on the judgment expires that you can ''get it off your record'' also tell you how and by virtue of what Colorado law?

I ask because frankly I know of no process in Colorado or elsewhere whereby a judgment debtor can obtain some form of court order documenting the singular event of a judgment having expired for purposes of enforcement.

It is true that once lapsed or expired a money judgment is "considered as satisfied in full" . (See: CRS 13-52-102 (b)(i)) But generally its a simple matter of the interested parties consulting a calendar.

Anyway, if you plan on filing such a motion you'd better plan on first consulting with a knowledgeable attorney who can tell you if it will work or not. And if not, know of other means of accomplishing your purposes.

Then of course there is the alternative: Pay your debt, secure a written satisfaction and remove the "deadbeat" stigma from your record!!

Here is a link to Title 13, Article 52, Section 13-52-102, referenced by Litigator above:
https://law.justia.com/codes/colorado/2018/title-13/judgments-and-executions/article-52/section-13-52-102/