What can I do to force the other party to pay a portion of the judgment entered against us?
01/26/2009 - Judgments - State: CO #15068
I am currently paying on a rental judgment from 8 years ago and am close to paying the original amount they asked for; however, they have added fees/interest when I was not employed here and there and now the balance owing is higher than the initial charge - what can I do? I have remained in contact with them the entire time and always provided legitimate contact information. In addition, the other party listed on the judgment hasn't ever responded, appeared or attempted to pay towards the judgment and neither the property management company or the law firm has assisted in finding him. Should I seek legal assistance, hire a private investigator or what? I would think that the property management company/individual property would have his social security number on file (as per their qualifying criteria) to aid the sheriffs' department in serving him the necessary paperwork.
Generally, a plaintiff who wins a judgment is allowed interest on the judgment if stated in the court order granting judgment in their favor. This interest may accrue until a satisfaction of judgment is made. It may be possible to negotiate with the judgment creditor to pay them a certain amount in order to get them to file a satisfaction of judgment. However, the judgment creditor is not obligated to file a satisfaction of judgment until the full amount plus interest and costs are paid.
When multiple defendants are sued, a judgment may be entered finding them jointly and severally liable. This means that any one of the defendants can be made to pay the full amount. In some cases, the court will specify the portions owed by each defendant, but not always, and the full amount may be collected from any one of them regardless of whether this is specified. However, if one defendant pays an amount owed on behalf of another defendant, the paying defendant may file a separate action against the other non-paying defendant seeking to be reimbursed for the amount paid on their behalf.
You may try to locate the person through an Internet search, such as www.zabasearch.com, or it may be necessary to hire a professional investigative service.
The following are CO Rules of Civil Procedure:
Rule 58. Entry of Judgment
(a) Entry. Subject to the provisions of C.R.C.P. 54(b), upon a general or special verdict of a jury, or upon a decision by the court, the court shall promptly prepare, date, and sign a written judgment and the clerk shall enter it on the register of actions as provided in C.R.C.P. 79(a). The term "judgment" includes an appealable decree or order as set forth in C.R.C.P. 54(a). The effective date of entry of judgment shall be the actual date of the signing of the written judgment. The notation in the register of actions shall show the effective date of the judgment. Entry of the judgment shall not be delayed for the taxing of costs. Whenever the court signs a judgment and a party is not present when it is signed, a copy of the signed judgment shall be immediately mailed by the court, pursuant to C.R.C.P. 5, to each absent party who has previously appeared.
(b) Satisfaction. Satisfaction in whole or in part of a money judgment may be entered in the judgment record (Rule 79(d)) upon an execution returned satisfied in whole or in part, or upon the filing of a satisfaction with the clerk, signed by the judgment creditor's attorney of record unless a revocation of authority is previously filed, or by the signing of such satisfaction by the judgment creditor, attested by the clerk, or notary public, or by the signing of the judgment record (Rule 79(d)) by one herein authorized to execute satisfaction. Whenever a judgment shall be so satisfied in fact otherwise than upon execution, it shall be the duty of the judgment creditor or the judgment creditor's attorney to give such satisfaction, and upon motion the court may compel it or may order the entry of such satisfaction to be made without it.
Rules of Civil Procedure For Courts of Record
Rules of Civil Procedure For Courts of Record The Colorado Rules of Civil Procedure For Courts of Record in Colorado CHAPTER 6. JUDGMENT
Rule 54. Judgments; Costs
(a) Definition; Form. "Judgment" as used in these rules includes a decree and order to or from which an appeal lies. A judgment shall not contain a recital of pleadings, the report of a master, or the record of prior proceedings.
(b) Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims, or parties and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.
(c) Demand for Judgment. A judgment by default shall not be different in kind from that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings.
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01/26/2009 - Category: Judgments - State: CO #15068
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