Is recording a Transcript of Judgement with the County Clerk & Recorder all that is required for attaching a lien in Colorado?

Asked about 3 years ago - Colorado Springs, CO

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?

Attorney answers (3)

  1. Robin Kert Hunt

    Contributor Level 12

    Answered . 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... more
  2. Stephen M Trezza

    Pro

    Contributor Level 17

    Answered . You need a copy of the written judgment, preferably certified, which is then recorded at the county recorders office in which he owns property.

  3. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . 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.... more

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