1972, August, Pg. 5. Collection of Judgments.

• Author: by Alan H. Bucholtz

1 Colo.Law. 5

Colorado Lawyer

1972.

1972, August, Pg. 5.

Collection of Judgments

5Vol. 1, No. 10, Pg. 5

Collection of Judgmentsby Alan H. BucholtzAlan H. Bucholtz is a member of the firm of Quiat and Quiat, P.C. and is an adjunct professor of law at the University of Denver College of Law."A judgment is the sentence of the law pronounced by a court of competent jurisdiction, as the result of proceedings instituted. It is a judicial act, and to be valid must be pronounced by the court, at a time and place appointed by law, and in the form it requires." People ex rel. Board of County Comrs. v. Hebel, 19 Colo. App. 523, 524, 76 Pac. 550 (1904). It is assumed for the purposes of this article that valid judgment has been obtained. It is further assumed that payment is not voluntarily forthcoming from the judgment debtor.

Upon the expiration of any stay of execution required by the Rules (see Rule 62(a) C.R.C.P.) or imposed by the Court (see e.g. Rule 362(b) C.R.C.P., County Courts), lawful collection proceedings may be commenced. Basic process to enforce a judgment is by writ of execution. (See Rules 69 and 369 C.R.C.P. and C.R.S. 1963, 77-1-1 et seq.)

All lawyers who represent judgment creditors are sufficiently expert in researching the law relating to the collection of judgments so that a compendium of collection law is neither required nor intended. There are, however, several considerations which merit discussion.

Ethical ConsiderationsOn August 20, 1970, the Colorado Supreme Court adopted, with amendments, the Code of Professional Responsibility of the ABA. Canons 6 and 7 are titled, respectively, "A Lawyer Should Represent a Client Competently" and "A Lawyer Should Represent a Client Zealously Within the Bounds of the Law."

Many of us are often reluctant to "zealously" pursue collection of judgments, possibly because such activity tends to cast counsel in a "bad guy" role. There is the spectre of the lawyer harrassing some hapless judgment debtor who suffers from financial constipation. In this lawyer's self-portrait the fact that the debtor incurred a lawful debt to the client is relegated to a hazy background.

The combination of reluctant lawyer and recalcitrant debtor leaves many judgments in limbo. Lawyers should, therefore, develop a personal practice about collecting judgments. Either the lawyer will pursue the matter himself (or assign collection to a young associate on the theory that it is

6"good training") or he should refer the case to another lawyer for the specific purpose of collection.Collection PhilosophyFor the lawyer undertaking actual collection, a philosophical approach, consistent with the slogan "My client gets paid," is recommended. I submit that a reluctant debtor will only pay or agree to pay a judgment if he becomes convinced that in the absence of payment the creditor's laywer will relentlessly pursue him through bona fide legal process until the debt is satisfied. If it is less inconvenient to pay than to resist...