A judgment collection attorney in Colorado can help you turn a losing situation into a winning one by leveraging their expertise in debt collection laws.
In Colorado, a judgment can be enforced through various methods, including wage garnishment, bank account levies, and property liens.
A skilled judgment collection attorney can help you identify the best course of action to collect the debt and increase the chances of a successful outcome.
They can also help you navigate the complex process of judgment enforcement, which can be time-consuming and emotionally draining.
Can Debt Be Collected?
To determine if debt can be collected, a judgment must be issued by a state court as a result of a lawsuit. This judgment can be issued in Colorado or obtained from another state or country, where a Denver attorney can domesticate the foreign judgment under state law.
A creditor needs to have collectible assets located in the state to enforce the judgment. These assets can include real property, financial accounts, wages and income, and accounts receivable.
In Colorado, a collection agency can sue a debtor within six years if their attempt to collect the debt fails. This is because Colorado's statute of limitations on debt is six years.
A creditor must have a judgment and collectible assets to enforce the judgment in Colorado.
How an Attorney Helps
An attorney can help you collect your judgment by ensuring it's final and entitled to enforcement. This may involve recording transcripts of the judgment in counties where the debtor owns real property, creating a lien on their property.
A Denver lawyer can obtain financial records and documents directly from the debtor, and issue subpoenas to third-party banks and financial institutions to track the debtor's payments and receipt of funds.
A creditor can use writs of garnishment to collect the debtor's wages and writs of execution and levy to seize their personal property. This can be a complex process, so having an experienced attorney on your side is crucial.
An attorney can also determine a debtor's ownership interests in companies and obtain charging orders to collect their financial interests in those companies. This can be a key step in collecting a judgment.
If the debtor tries to hide assets or transfer money to third parties, an attorney can help you navigate these issues and potentially recover the funds. This may involve ancillary litigation to assert claims of fraudulent conveyance or aider and abettor liability.
Denver Attorney
A Denver attorney can help you ensure your judgment is final and entitled to enforcement. They'll assist in recording transcripts of the judgment in counties where the debtor owns real property, creating a lien on the debtor's real property.
This process is crucial in securing your rights as a creditor. By properly recording transcripts, you create a lien that can be enforced to recover what you're owed.
A Denver attorney can also obtain financial records and documents directly from the debtor, and issue subpoenas to third-party banks and financial institutions to track the debtor's payments and receipt of funds.
Having an experienced lawyer on your side can make a significant difference in collecting your judgment. They'll help you navigate the complex process of judgment enforcement.
They may also look to collecting the debtor's wages through writs of garnishment, and to levying on the debtor's personal property through writs of execution and levy.
Reynolds Gillette LLC is a firm that specializes in judgment enforcement and can provide you with the guidance and support you need to recover what you're owed.
Collecting Money Owed
In Colorado, there are three primary methods for collecting civil judgments: the Writ of Execution, the Writ of Garnishment, and the Writ of Attachment.
A writ is essentially a short court document that calculates the amount of money owed and demands that the person's property, money, land, or wages be taken to pay the judgment.
The Writ of Execution directs the sheriff's department to seize physical property and sell it at public auction, with the money paid to the judgment creditor.
The Writ of Garnishment, on the other hand, seizes money such as wages or bank account balances, which are then paid directly to the judgment creditor or to the court.
If the judgment debtor resists, they can be subject to arrest for interfering with a deputy's lawful duties.
The end goal of these writs is always the same: to collect the money owed by selling seized property or paying out seized funds.
Exemptions and Protections
Colorado law provides significant protections for judgment debtors, including exemptions from seizure. The property that cannot be seized at all under a writ of execution is called "exempt" property.
These categories of things and monetary payments are deemed vital to a citizen's wellbeing and society's welfare, and judgment creditors cannot use any kind of writ to seize them. Court ordered child support payments to the judgment debtor and life insurance benefits they may collect upon a family member's death are fully exempt.
A judgment debtor's "watches, jewelry, and articles of adornment" can be seized, but the first $2,500 of sale proceeds must be returned to the judgment debtor. The exemption amounts for each particular type of property vary significantly.
The homestead exemption is the largest, requiring that the first $250,000 of proceeds from the sale of the judgment debtor's home must be returned to them before the remaining proceeds can be paid to the judgment creditor.
Debt Collection Process
In Colorado, there are three primary methods for collecting civil judgments: the Writ of Execution, the Writ of Garnishment, and the Writ of Attachment. These writs can be used to seize property, money, or wages from a judgment debtor who refuses to pay.
A Writ of Execution directs the sheriff to seize property in the physical possession of the judgment debtor. This can include land, buildings, and other tangible assets. The sheriff will file a notice in the public records, making it difficult for the debtor to sell the property.
The Writ of Garnishment, on the other hand, directs the judgment debtor's employer to withhold a portion of their wages and pay it directly to the creditor. This can be done periodically, as long as the writ is re-sent to the employer. The writ can also be used to seize property held by a third-party on behalf of the debtor.
Ignoring a lawsuit can result in a default judgment, which can lead to the debtor's wages being garnished or a lien being placed on their property. It's essential to respond to the lawsuit as soon as possible to avoid this outcome.
A Writ of Attachment can be used to seize property that a third-party is holding on behalf of the debtor, or to direct the payment of debts owed by the third-party to the creditor instead of the debtor. This can be a powerful tool in collecting debts, but it requires careful consideration of the law and the specific circumstances of the case.
If a former spouse or partner is also attempting to garnish the debtor's wages for child support, the writ of garnishment for child support will take priority, and the creditor's writ will be put on hold until the child support payments are caught up. This is a critical consideration for creditors who are seeking to collect debts from debtors with multiple obligations.
Frequently Asked Questions
What is Colorado state law on debt collection?
Colorado state law on debt collection is governed by the Colorado Fair Debt Collection Practices Act (CFDCPA), which protects consumers from unfair debt collection practices. This law sets clear rules for debt collectors and collection agencies in the state.
What is a debt collection attorney?
A debt collection attorney represents individuals or businesses in debt-related matters, helping to recover debts or protect against creditor claims. They handle paperwork and court representation to resolve debt disputes efficiently.
Sources
- https://trialcolorado.com/denver-judgment-enforcement-lawyer/
- https://www.volpelawllc.com/how-do-i-collect-my-money-judgment/
- https://www.stevenslloydgroup.com/commercial-collection-agency/top-debt-collection-attorneys/
- https://www.keatingwagner.com/how-to-collect-a-judgment-in-colorado%EF%BF%BC/
- https://www.bankruptcyattorneydenver.us/colorado-statute-of-limitations-on-debt/
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