I recieved a favorable monitary judgement ($19,000) in District Court (EL Paso County) three years ago against a person who did not repay a personal loan. The defendant eventually repaid $8,000 but then stopped payments. After recently finding that the defendant owned property in a different county (Custer) I recorded the Transcript of Judgement with that counties Clerk & Recorder. Does that action place the lien or is there additional action required to attach the judgment to the property?
You need a copy of the written judgment, preferably certified, which is then recorded at the county recorders office in which he owns property.
You should only take advice about state issues from an attorney licensed in that state.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
Chapter 7 Bankruptcy Attorney
Under Colorado law, an owner-occupier can exempt or protect up to $60,000 (or $90,000 if the elderly or disability conditions are met) of the equity in a homestead (residential property). In interpreting the homestead exemption, courts in Colorado have decided that a validly recorded judgment lien does not "attach" to the homestead unless there is non-exempt equity above and beyond the exempt amount of the homestead and any prior mortgages or encumbrances (liens).
If you want practical advice about protecting and collecting on your claim, consulting with an experienced attorney licensed to practice in your state may be a good idea.
My law firm is a federally designated debt relief agency and helps people in Colorado file for bankruptcy relief under chapters 7 and 13 of the Bankruptcy Code.