--- name: co-post-judgment description: > This skill should be used when navigating post-judgment procedure in a Colorado civil case. Triggers include "C.R.C.P. 60", "vacate judgment in Colorado", "set aside default judgment", "Colorado garnishment", "writ of continuing garnishment", "claim of exemption", "supplemental proceedings", "debtor exam Colorado", "satisfaction of judgment Colorado", "motion to revive judgment", "judgment lien Colorado". Covers C.R.C.P. 60 relief, Colorado's garnishment regime under C.R.S. art. 54.5 of title 13, the exemption framework under C.R.S. art. 54 of title 13, supplemental proceedings under C.R.C.P. 69, judgment lien recording, judgment satisfaction and revival under C.R.S. § 13-52. version: 0.1.0 --- # Colorado Post-Judgment Procedure > **NOT LEGAL ADVICE.** This skill addresses procedure once a > Colorado judgment has been entered. Verify every step against > current law before filing or responding. Use this skill in addition to `co-statewide-format` when the case is **past judgment** — whether you are attacking the judgment, defending against collection, or collecting on it. ## Two paths after judgment 1. **Attack the judgment** — motions for new trial under C.R.C.P. 59, relief from judgment under C.R.C.P. 60, appeal under C.A.R. 3 and 4. 2. **Collect or resist collection** — supplemental proceedings under C.R.C.P. 69, garnishment under C.R.S. § 13-54.5, exemptions under C.R.S. § 13-54, debtor exam, judgment lien, eventual satisfaction or expiration. ## Attacking the judgment ### C.R.C.P. 59 — Motion for new trial / amend findings - **Deadline**: 14 days after entry of judgment (C.R.C.P. 59(a)) - **Grounds**: error in law, irregularity in proceedings, newly discovered evidence, surprise, jury misconduct, etc. - **Effect on appeal**: a timely C.R.C.P. 59 motion **tolls** the appeal deadline (C.A.R. 4(a)(2)) ### C.R.C.P. 60(b) — Relief from final judgment - **Deadlines**: - 60(b)(1) **mistake, inadvertence, surprise, excusable neglect**: within a reasonable time, **not more than 182 days** (≈ 6 months) - 60(b)(2) **newly discovered evidence**: same 182-day cap - 60(b)(3) **fraud, misrepresentation, misconduct**: same 182-day cap - 60(b)(4) **void judgment** (lack of jurisdiction, due process): no time limit - 60(b)(5) **judgment satisfied, released, or no longer equitable**: reasonable time - **Most common use**: setting aside **default judgments** — particularly in consumer debt-buyer cases where the defendant was not properly served. *See* `co-consumer-debt` for the default-judgment attack template. - **Standard for default**: "good cause" plus a meritorious defense; see *Goodman Assocs., LLC v. WP Mountain Props., LLC*, 222 P.3d 310 (Colo. 2010) ### Notice of Appeal — C.A.R. 3 and 4 - **Deadline**: **49 days** from entry of judgment (C.A.R. 4(a)) — or 49 days from disposition of a timely C.R.C.P. 59 motion - **Where to file**: Colorado Court of Appeals (state appeals); Colorado Supreme Court if direct review applies - **Fees**: filing fee plus transcript and record fees - **Pro se appeals**: JDF 1402 (limited jurisdiction); the Colorado Appellate Practice Guide is the leading reference ## Collecting / resisting collection ### Judgment lien — automatic on real estate Under **C.R.S. § 13-52-102**, a judgment of a Colorado court automatically becomes a **lien on the judgment debtor's real property** in the county where the judgment is recorded with the county clerk and recorder. Steps: 1. Obtain a **certified copy of the judgment** from the clerk 2. **Record** with the county clerk and recorder of any county where the debtor owns or might acquire real estate 3. The lien is good for **6 years** from the date of judgment and may be revived (see below) ### Writ of Continuing Garnishment — C.R.S. § 13-54.5-104 Wage garnishment is by **Writ of Continuing Garnishment**, which attaches to **future earnings** for up to **6 months** at a time before requiring renewal. - **Form**: JDF 82 (Writ of Continuing Garnishment) - **Amount**: up to **25% of disposable earnings per week** or **the amount by which weekly earnings exceed 40 × Colorado minimum wage**, whichever is less (C.R.S. § 13-54.5-101.5; mirrors federal CCPA but with Colorado-specific minimum-wage anchor) - **Service**: serve on the **employer (garnishee)**; serve the **judgment debtor** by mail within 7 days - **Garnishee's answer**: due within **7 days** of receipt (C.R.S. § 13-54.5-106(2)) - **Debtor's objection / claim of exemption**: within **14 days** of receipt of the writ ### Writ of Garnishment with Notice of Exemption — non-wage assets For bank accounts and other non-wage assets, use the **Writ of Garnishment** with the notice-of-exemption form (JDF 84). The debtor has **14 days** to file a Claim of Exemption. ### Colorado exemptions — C.R.S. art. 54 of title 13 Colorado has a robust state-law exemption framework. Key exemptions: | Item | Amount / scope | Statute | |---|---|---| | Homestead | **$250,000** equity (or $350,000 if owner is 60+, disabled, or homestead for an elderly / disabled family member) | C.R.S. § 38-41-201 | | Motor vehicle | $7,500 ($12,500 if owner is 60+ or disabled) | C.R.S. § 13-54-102(1)(j) | | Household goods | $7,500 | C.R.S. § 13-54-102(1)(e) | | Wearing apparel | $3,000 | C.R.S. § 13-54-102(1)(a) | | Watches and jewelry | $2,500 (pieces total) | C.R.S. § 13-54-102(1)(b) | | Library, books, family pictures | $3,000 | C.R.S. § 13-54-102(1)(c) | | Tools of trade | $30,000 | C.R.S. § 13-54-102(1)(i) | | Public benefits (TANF, SSI, unemployment) | Fully exempt | C.R.S. § 13-54-102(1)(n) | | Social Security | Fully exempt | C.R.S. § 13-54-102(1)(l); 42 U.S.C. § 407 | | Earnings (after garnishment cap) | 75% disposable per week | C.R.S. § 13-54-104 | | ERISA pension / 401(k) / IRA | Fully exempt | C.R.S. § 13-54-102(1)(s); 29 U.S.C. § 1056 | | Health-savings account | Fully exempt | C.R.S. § 13-54-102(1)(u) | | Personal-injury settlements | Variable | C.R.S. § 13-54-102(1)(n)(II) | The exemption amounts above reflect the 2022 SB22-086 expansion ("Increasing Protections for Colorado Consumers"); they are adjusted periodically for inflation. **Claim of Exemption** procedure (C.R.S. § 13-54.5-108): 1. Within 14 days of garnishment notice, file written **Claim of Exemption** (JDF 84) with the issuing court 2. Court holds a hearing within 14 days 3. Garnishee must hold the funds pending the hearing ### Supplemental proceedings — C.R.C.P. 69 - **Debtor's exam**: judgment creditor may compel the debtor to appear and answer questions about assets (C.R.C.P. 69) - **Order to appear**: use JDF 90 (Citation to Appear) — debtor must appear at the time and place stated - **Failure to appear**: contempt; bench warrant possible - **Document subpoena**: creditor may subpoena bank records and other documents ### Satisfaction of judgment — C.R.S. § 13-52-110 When the judgment is paid in full, the creditor must file a **Satisfaction of Judgment** with the court within **21 days** of the debtor's written demand. Failure to do so timely subjects the creditor to a $100 statutory penalty plus actual damages plus attorneys' fees. If the creditor refuses, the debtor may file a **Motion for Entry of Satisfaction** with proof of payment. ### Judgment revival — C.R.S. § 13-52-102 A Colorado judgment is good for **6 years** and may be revived by **Scire Facias** filed before expiration. After revival, the judgment is enforceable for another 6 years. After 20 years from the original entry, the judgment is conclusively presumed paid. ## Common pro se post-judgment scenarios 1. **Default judgment in a debt-buyer case** — file C.R.C.P. 60(b)(1) motion to set aside within 182 days, asserting lack of service or excusable neglect plus a meritorious defense (chain of title, SOL, licensure under CFDCPA, etc.). See `co-consumer-debt`. 2. **Garnishment of bank account containing Social Security** — file Claim of Exemption (JDF 84) within 14 days; the SSA funds are fully exempt under 42 U.S.C. § 407. 3. **Wage garnishment when debtor is sole earner with dependents** — the 25% cap or 30-times-minimum-wage floor applies; if debtor qualifies, the **head-of-household** exemption may also apply under C.R.S. § 13-54-104. 4. **Old judgment** — check the 6-year revival clock; if not revived timely, the judgment is unenforceable. ## Composition - For statewide format: `co-statewide-format` - For drafting the motion to set aside default: `co-draft-motion` - For supporting affidavits / declarations: `co-draft-declaration` - For debt-buyer-specific defenses: `co-consumer-debt` - For deadlines: `co-deadlines` ## References - `references/crcp-59-60.md` — full text of C.R.C.P. 59 and 60 with notes - `references/garnishment.md` — Colorado's two writs (continuing / non-continuing); JDF 82 / 83 / 84 forms - `references/exemptions.md` — full table of Colorado exemptions with case authority - `references/supplemental-proceedings.md` — C.R.C.P. 69 debtor exam workflow - `references/judgment-liens.md` — recording, duration, revival, satisfaction - `references/appellate-procedure.md` — Notice of Appeal timing, designation of record, briefing schedule