What can I do to force the other party to pay a portion of the judgment entered against us?
Full Question:
Answer:
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
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Rules of Civil Procedure For Courts of Record
The Colorado Rules of Civil Procedure For Courts of Record in Colorado
CHAPTER 6. JUDGMENT
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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.
