Colorado Judicial Branch - Self Help - File an Out-of-State Judgment in Colorado

File an Out-of-State Judgment in Colorado

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File an Out-of-State Judgment in Colorado

File an Out-of-State Judgment in Colorado
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.

How do I file my out-of-state foreign judgment in Colorado?
- 1. Determine when to use this process.
  - * If you were awarded a money judgment in another state and you need to enforce that judgment in Colorado, you will need to file paperwork related to that judgment in Colorado.
    
    * You may need to enforce your out-of-state foreign judgment in Colorado if:
    1. The person who owes you money has moved to Colorado; OR
    2. The person who owes you money has not moved, but there are property or other assets in Colorado that can be used to pay you what you are owed.
- 2. Determine what you need before you start this process.
  - * Before you file anything in Colorado, you must first get exemplified copies of your judgment paperwork from the other state.
    
    * You will need to attach an authenticated copy of your judgment from the other state to the paperwork you file in Colorado.
- 3. Identify where in Colorado to file your paperwork.
  - * You should file your out of state judgment with the district court in the county:
    
    1. Where the person who owes you money lives.
    2. Where the person who owes you money owns real property.
    3. That would have jurisdiction over the action if it was originally filed in Colorado.
    
    * If you are unsure about where to file your paperwork, you may want to talk to an attorney.
    
    * To find a specific court location, search Courts by County.
- 4. Fill out the correct paperwork.
  - * You will need the following forms:
    * JDF 138 Judgment Creditor Affidavit in Support of Foreign Judgment
    * JDF 139 Notice of Filing of Foreign Judgment
    
    * For detailed instructions on how to complete these forms, refer to JDF 137 Instructions for Filing a Foreign Judgment.
    
    * You and the person who owes you money will have the same identities as you had in the out-of-state case. For example, if you were the Plaintiff in the out-of-state case, you will be the Plaintiff on these forms.
    
    * If you are owed money, you will be known as the Judgment Creditor.
    
    * The person who owes you money will be known as the Judgment Debtor.
    
    * JDF 138 Judgment Creditor Affidavit in Support of Foreign Judgment must be signed in front of a Notary Public or court clerk. You can find a Notary Public in the Yellow Pages, on the internet, or by going to your local bank. Fill out all sections of this form, and make sure to attach the authenticated copy of your foreign judgment.
    
    * Fill out all sections of JDF 139 Notice of Filing of Foreign Judgment.
    
    * Give all of your paperwork to the clerk at the courthouse to file your case. The court will ask you to pay a filing fee. If you do not think you can afford it, you can request a waiver of the filing fee by completing form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit, and the caption box of JDF 206 Finding and Order Concerning Payment of Fees.Visit our Filing Without Payment for complete information.
    
    * After you file your paperwork, the court should mail a copy of JDF139 Notice of Filing of Foreign Judgment to the person who owes you money. Check with the court to make sure they will mail the Notice. If the court does not mail the Notice, you will need to mail it to the person who owes you money. If you mail the Notice, fill out the "Certificate of Mailing" part of JDF 139 Notice of Filing of Foreign Judgment and file it with the court.
- 5. Wait for an answer from the person who owes you money.
  - * If the person who owes you money files an Objection to your request to file the out-of-state judgment in Colorado, the court may need to set a hearing to resolve the issues.
    
    * Once your out-of-state judgment is entered in Colorado, you can use the court in Colorado to enforce the judgment. See the section on Collecting a Judgment.