Chapter 12 - § 12.5 • EXECUTION LIENS
| Jurisdiction | Colorado |
§ 12.5.1—In General
Except for writs of garnishment or on order of court directing otherwise, process to enforce a final money judgment is by execution.125 Writs of execution are issued by the clerk of the court that entered the judgment;126 no order of court is required.127 No execution may issue on a district court judgment until the expiration of 14 days after its entry.128 Execution may issue immediately on a county court judgment unless the defendant requests and obtains a stay of execution.129 No execution may issue after the expiration of the period during which the judgment is in effect, unless the judgment is renewed.130
§ 12.5.2—Property Subject to Execution
Any interest in land, equitable or legal, may be sold under execution,131 and a claim or possessory right in or to any public lands may be levied upon and sold under execution in the same manner as if it were held in fee simple.132 A mortgagee who levies upon and sells the mortgagor's remaining interest in the land is not thereby estopped from foreclosing the mortgage upon default.133 But a plaintiff in execution has no right to levy on lands filed on by any person in the Colorado state office of the Bureau of Land Management and occupied as a homestead by the defendant in execution.134 A vendor's lien is not an interest in real property subject to execution,135 but the interest of a contract vendor who has not conveyed the property is subject to execution.136 The interest of the purchaser at a foreclosure sale is not an interest in real property subject to execution prior to the expiration of the redemption period.137 A creditor of one joint tenant cannot levy an execution against the rights of the other joint tenants.138 A creditor of a member of a limited liability company cannot levy an execution upon the property of the limited liability company.139
An execution creditor may levy upon and sell any property or interest therein which he even suspects an execution debtor may have. If it turns out that the debtor had no interest, nothing passes.140
No execution may issue upon, nor may any levy be made against, any property of an estate under a judgment against the deceased or the personal representative.141 But this rule does not apply where the property has been attached, in which case the property never comes into the hands of the administrator,142 nor does it prevent the enforcement of mortgages, pledges, or liens in an appropriate proceeding.143 The death of one judgment debtor does not preclude the levy of execution on the property of the other debtor.144 No levy may be made without the consent of the court on property in the custody of the court by virtue of a receivership.145
§ 12.5.3—Procedure for Issuance and Levy of Execution
The judgment creditor may have execution directed to any county in Colorado.146 A writ of execution may issue from the district court in any county to the sheriff or other proper officer of that county or any other county.147
Issuance of Writ
With two exceptions, execution may issue on a judgment obtained in a court of record of the state of Colorado or a foreign judgment filed with the clerk of any court of Colorado in accordance with the provisions of the Uniform Enforcement of Foreign Judgments Act148 to enforce the same at any time within 20 years from the entry thereof but not afterwards, unless revived as provided by law. After 20 years, the judgment is considered satisfied in full, unless so revived.149 The two exceptions are: (1) With respect to judgments issued in a county court on or after July 1, 1981, the time limit for issuing execution is six years from the entry thereof unless revived as provided by law. After six years, the judgment is considered satisfied in full, unless so revived. (2) The 20-year limitation does not apply to judgments entered for restitution under C.R.S. Title 16, article 18.5; execution may issue on judgments for restitution at any time until paid.150
Levy of Writ
The mere issuance of a writ of execution does not create a lien; the lien is created by the levy.151 The judgment creditor may elect on what property he will have the execution levied, except the land on which the judgment debtor resides, which must be last taken in execution (excepting and reserving to the judgment debtor such property as is exempt from execution).152
Before any creditor of the owner of homesteaded property may proceed against the property, the creditor must file with the clerk and recorder and the sheriff or other proper officer authorized to levy (1) his affidavit showing a description of the homesteaded property and the name of the claimant of the homestead exemption, the fair market value of the property, that the fair market value of the property less any prior liens or encumbrances exceeds the amount of the homestead exemption for which the claimant qualifies, and that no previous execution arising out...
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