My question involves court procedures for the state of: Colorado
Unless I am missing something, I believe the County Court erred by issuing a revival order more than 6 years after the original judgment.
What steps do I need to take to appeal (and is it worth appealing) the following
"Order: Reply to Amended Motion for Revival of Judgment
The motion/proposed order attached hereto: REVIEWED.
In reading the Colorado Rule of Civil Procedure relating to Revivals of Judgment, the rule indicates a judgment must be revived within six years. If the judgment is revived within six years, it has the same force and effect of the original judgment. The rule does not disallow a Judgment-Creditor from seeking another revival of judgment. The only limitation on the revival of judgment is the 20 year maximum limit for a judgment of revival that is written into the Rule. The court grants the Motion for Revival of the Amended Judgment. This motion actually reduces the amount of the judgment. If the judgment is not collected within 20 years of the original judgment, the court does not have authority to grant a revival of judgment beyond that period of time."
Over 6 years ago a Jury found (partially) in favor of creditor and awarded them $4 K.
Judge tacked on costs and attorney fees (even though these were considered in jury instructions.
When I contacted creditor to make arrangements to pay, they asked for an amount HIGHER than the total of the judgment + costs/fees
Fast-forward 5 years, 9+ months from date of judgment and creditor filed a Motion for Revival of Judgment seeking over $11 K (first I had heard from them in 5+ years).
I replied noting, among other things, that their motion was inaccurate (asked for too much $), did not include the date the judgment expired (but did include the date of judgment) and did not show what efforts they had made to collect the judgment. https://www.courts.state.co.us/Forms...nt%20R7-13.pdf
Based upon my objection, Judge said case would need to be calendared for a hearing. Hearing was scheduled and creditor asked to appear by phone.
Prior to hearing, and 12 days before 6 years post judgment, creditor mailed to me an Amended Motion for Revival of Judgment seeking $9+ K which acknowledged that the original motion erred in the amount of the unsatisfied judgement. An identical Amended Motion (other than the date) was filed with the court 8 days before 6 years post judgment. Judge issued a 2nd show cause order 7 days before 6 years post judgment.
I replied 6 years + 1 day:
Defendant requests that the court deny Plaintiff’s Amended Motion for Revival of Judgment dated.. based on one or more of the following:
1. The judgement entered against the defendant is more than 6 years old making it expired, unenforceable and ineligible for revival.
a. As stated in the Plaintiff’s motion, judgment was entered [six years + 1 day ago]
b. C.R.C.P. 354(h) states “A judgment entered on or after July 1, 1981 must be revived within six years after the entry of the judgment which it revives”
c. The INSTRUCTIONS FOR REVIVING A JUDGMENT found at https://www.courts.state.co.us/Forms...nt%20R7-13.pdf state “GENERAL INFORMATION Give yourself plenty of time to file and serve the documents. You must file and serve the documents in advance of the expiration date of the judgment, as the Court must rule on the revival at least one day prior to the expiration date. A judgment in County Court expires and is unenforceable six years from the date of judgment.”
d. The Plaintiff did not file their Amended Motion for Revival in a timely manner as C.R.C.P. 354(h) also states “To revive a judgment a motion shall be filed alleging the date of the judgment and the amount thereof which remains unsatisfied. Thereupon the clerk shall issue a notice requiring the judgment debtor to show cause within 14 days after service thereof why the judgment should not be revived.” Filing a Motion for Revival within 14 days of expiration does not give the Plaintiff adequate time to respond and the court an adequate time to issue a cause notice and make a ruling.
The judge issued the order above dated 6 years and 2+ weeks after the original judgment.
Did the court err, or am I missing something?