ARTICLE 53 UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS

• Jurisdiction: Colorado

ARTICLE 53 Uniform Enforcement of Foreign Judgments

13-53-101. Short title.

13-53-102. Definitions.

13-53-103. Filing and status of foreign judgments.

13-53-104. Notice of filing.

13-53-105. Stay.

13-53-106. Fees.

13-53-107. Optional procedure.

13-53-108. Uniformity of interpretation.

■ 13-53-101. Short title. This article shall be known and may be cited as the "Uniform Enforcement of Foreign Judgments Act".

Source: L. 69: p. 563, § 1. C.R.S. 1963: § 77-13-1.

ANNOTATION

Law reviews. For article, "Enforcing Foreign Country Judgments in Colorado", see 13 Colo. Law. 381 (1984).

■ 13-53-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court, except a protection order or a restraining order as described in section 13-14-110 that is entitled to full faith and credit in this state.

Source: L. 69: p. 563, § 1. C.R.S. 1963: § 77-13-2. L. 98: Entire section amended, p. 1234, § 6, effective July 1. L. 2004: (1) amended, p. 554, § 8, effective July 1. L. 2015: (1) amended, (SB 15-264), ch. 259, p. 949, § 31, effective August 5.

■ 13-53-103. Filing and status of foreign judgments. A copy of any foreign judgment authenticated in accordance with the act of congress or the laws of this state may be filed in the office of the clerk of any court of this state which would have had jurisdiction over the original action had it been commenced first in this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of the court of this state in which filed and may be enforced or satisfied in like manner.

Source: L. 69: p. 563, § 1. C.R.S. 1963: § 77-13-3.

Cross references: For foreign actions and decrees, see §§ 13-80-110 and 14-11-101.

ANNOTATION

Full faith and credit inapplicable without judgment itself. Where the only documents filed were: (1) An affidavit of petitioner stating that an order requiring payment of child support by respondent had been entered and that respondent was in arrears in the payments; (2) an order of court that a writ of fieri facias be issued; and (3) the writ of fieri facias, full faith and credit is inapplicable as none of these is a judgment order. Manley v. Manley, 41 Colo. App. 458, 591 P.2d 1042 (1978).

Fines imposed by a foreign court which have been reduced to final judgment and are not subject to modification are judgments entitled to full faith and credit. Gedeon v. Gedeon, 630 P.2d 579 (Colo. 1981), appeal dismissed, 454 U.S. 1050, 102 S. Ct. 592, 70 L. Ed. 2d 585 (1981).

While a court asked to enforce foreign judgment cannot redetermine merits of case or wisdom of judgment, it always has power to inquire into jurisdiction of foreign court to issue judgment. Hansen v. Pingenot, 739 P.2d 911 (Colo. App. 1987).

"Uniform Enforcement of Foreign...