Fill and Sign the Instructions for Reviving a Judgment Colorado Form

Page 1 of 3JDF 112 R7-13 INSTRUCTIONS FOR REVIVING A JUDGMENT INSTRUCTIONS FOR REVIVING A JUDGMENT GENERAL INFORMATION  Give yourself plenty of time to file and serve the documents. You must file and serve the documents in advance of the expiration date of the judgment, as the Court must rule on the revival at least one day prior to the expiration date.  A judgment in County Court expires and is unenforceable six years from the date of judgment.  A judgment in District Court expires and is unenforceable 20 years from the date of judgment.  A judgment may be revived against any one or more judgment debtors whether they are jointly or severally liable under the judgment.  Separate forms may need to be filed to identify the unsatisfied judgment amount for each judgment debtor.  Once the Motion for Revival of Judgment is filed, the Court will issue a Notice to Show Cause for Revival of Judgment. The Judgment Debtor is allowed 14 days from the date of service of the Notice to respond in writing why the judgment amount that remains unsatisfied should not be revived.  The revived judgment may be enforced and made a lien in the same manner and for like period as the original judgment.  For additional information, please review the relevant Colorado Rules of Civil Procedure Rule 54(h) and Colorado Rules of County Court Procedure Rule 354(h).  If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm COMMON TERMS  Motion: Document officially commences the reviving of a judgment process.  Plaintiff: The person, persons, company or other entity filing a case against another person, persons, company or other entity.  Defendant: The person, persons, company or other entity that the case is filed against.  Judgment Creditor The person, persons, company or other entity for whom the Court entered judgment for.  Judgment Debtor The person, persons, company or other entity against whom the Court entered judgment  Service of Process: The official means by which a Defendant is notified that the Motion has been filed and provided a copy of the Notice and a description of the Judgment Debtor’s rights and obligations as a party to the case.  May: In legal terms, “may” is defined as “optional” or “can.”  Shall: In legal terms, “shall” is defined as “required.”These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney. If you do not understand this information, please contact an attorney Page 2 of 3JDF 112 R7-13 INSTRUCTIONS FOR REVIVING A JUDGMENTFEES There is no filing fee for this process. Other fees that a party to the case may encounter are as follows:  Copy of Documents $.75 a page  Service Fees Varies (payable to process server)  Certification Fee $20.00 FORMS To access a form online go to www.courts.state.co.us and click on the “Forms” tab. The packet/forms are available in PDF or WORD by selecting “County Civil – Reviving Judgment” or “District Court – Reviving Judgment”. You may complete a form online or you may print it and type or print legibly in black ink.  JDF 98 Affidavit of Service  JDF 113 Motion for Revival of Judgment  JDF 114 Notice to Show Cause for Revival of Judgment  JDF 125 Order for Revival of Judgment STEPS TO FILING FOR REVIVAL OF A JUDGMENT Step 1: Complete Appropriate Forms.  Motion for Revival of Judgment (JDF 113).  Complete all section on the Motion.  Include the original case number, the date and amount of the original judgment, the judgment amount that remains unsatisfied, name of the judgment debtor(s) and the expiration date of the original judgment.  Identify the efforts made to collect the judgment.  Notice to Show Cause for Revival of Judgment (JDF 114).  Complete the caption only.  The Court will complete the applicable sections.  Each Judgment Debtor must be served this Notice, so prepare as many as necessary.  Order for Revival of Judgment (JDF 125).  Complete the caption only.  The Court will complete the applicable sections. trict Court County, Colorado Court Address: Plaintiff(s): v. Defendant(s): COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom NAME OF FORM Page 3 of 3JDF 112 R7-13 INSTRUCTIONS FOR REVIVING A JUDGMENTStep 2: File Documents with the Court.  Be sure to provide self-addressed stamped envelopes with the documents you file with the Court.  You will need to submit addressed stamped envelopes for both the Judgment Debtor and Judgment Creditor.  Upon receipt of your Motion, the clerk will complete the Notice to Show Cause for Revival of Judgment (JDF 114). Step 3: You are Ready to Have the Judgment Debtor Served. You are responsible for paying the service fees, if any. Personal service must be made by someone who is 18 years or older and not a party to the action and who knows the rule of service. The Judgment Debtor, within 14days from the date of service of the Notice to Show Cause, can respond why the judgment should not be revived. Complete the following process based on the type of service selected: Personal Service:  Select either the Sheriff’s Department, a private process server, or someone you know who is 18 years or older and not a party to the action and who knows the rules of service to serve each Judgment Debtor. There is a service fee that is payable to the Sheriff’s Department or Private Process Server.  You can locate private process servers in the yellow pages under Process Servers.  Provide the process server a copy of the Motion for Revival of Judgment (JDF 113), Notice to Show Cause (JDF 114) and an original Affidavit of Service (JDF 98) for each Judgment Debtor.  The process server will return the original Affidavit of Service completed.  Each Judgment Debtor must be served. Service by Mail or Publication:  Service by mail or publication shall be allowed only upon approval by the Court. Step 4: Service Complete. Provide the completed Affidavit of Service (JDF 98) to the Clerk upon receipt from the individual serving the Motion and Notice. Make sure that the case number is listed on the Affidavit of Service. Step 5: Court Review.  The Court will review the Motion together with the Affidavit of Service (JDF 98) on the Judgment Debtor.  Allow 14 days from the date of service for the Judgment Debtor to respond as to why the judgment should not be revived.  Once that time period has passed the Court will then be able to rule on the Motion.  A copy of the Order (JDF 125) will be sent to the Judgment Creditor and Judgment Debtor if you have provided addressed stamped envelopes.