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  1. #1
    Join Date
    May 2017
    Posts
    5

    Default Revival Order Issued After Expiration of Original Judgment

    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?

  2. #2
    Join Date
    Mar 2013
    Posts
    12,975

    Default Re: Revival Order Issued After Expiration of Original Judgment

    Assuming that everything you've written is correct (I don't have time to look it all up and verify it) then it does appear that the judge erred in reviving the judgment.

    You might try a Motion for Reconsideration.

    But I think it would be a good idea to check the case file at the court house to see if the judge made a written entry as to why he revived the judgment over your objections.

  3. #3
    Join Date
    May 2017
    Posts
    5

    Default Re: Revival Order Issued After Expiration of Original Judgment

    Thanks @adjusterjack. I filed a motion for clarification as it was not clear from the Judge's order if he was granting the Amended Motion for Revival or granting Revival of an Amended Judgement. My guess is that he was granting an the former (which amends the amount of the original judgement). In any case, I also asked the judge to reconsider his order in this same motion (and to not have the appeals clock start running until after the clarifications had been made).

    I asked to look at the case file and they said I would have to put in a research request which I have done. This entails a Judicial assistant looking at the file and delivering documents to me (for a fee) rather than actually being able to look at the file myself.

    Any other thoughts on filing the appeal? Does appealing an Order entail the same steps/procedures as appealing a judgment- aka, should I follow the procedures found at https://www.courts.state.co.us/Forms...orm_Type_ID=17

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    93,082

    Default Re: Revival Order Issued After Expiration of Original Judgment

    The court appears to be expressing that although the original judgment was more than six years old, the judgment was later amended and the amended judgment was less than six years old and thus subject to renewal. I can't review the court file to see if that interpretation would be consistent with its contents.

  5. #5
    Join Date
    May 2017
    Posts
    5

    Default Re: Revival Order Issued After Expiration of Original Judgment

    Quote Quoting Mr. Knowitall
    View Post
    The court appears to be expressing that although the original judgment was more than six years old, the judgment was later amended and the amended judgment was less than six years old and thus subject to renewal. I can't review the court file to see if that interpretation would be consistent with its contents.
    That's basically what I asked the court in my motion for clarification- "1. What is the “Amended Judgment” the court is referring to?...c. A judgment that was entered by the court sometime after [the original judgement] that amended the [original] judgment referred to by Plaintiff."
    The thing is, I never received an amended judgment and the creditor only refers to one judgment by date [which is now more than 6 years old, but was less then six years old when they first filed their motion].

    Later in my motion I say "3. If the answer is c. above, then what is the date and amount of the amended judgment? Defendant reminds the court that at one point in 2011, the court inadvertently mailed to [a wrong PO Box] and asserts that defendant never received anything titled “Amended Judgment.” If an amended judgment exists, please send a copy of it to the defendant ASAP."

    My guess is that an amended judgment does not exist. What I THINK is going on is that in the creditors original revival motion, they overstated the unsatisfied amount but in their amended motion, they understated the unsatisfied amount (after you add in statutory interest from the time of judgment). My guess is that the judge is then saying that he is amending the amount of the unsatisfied judgment to the amount the creditor stated was unsatisfied in their amended revival motion. Assuming that this is the correct interpretation, then the judgment the granted revival motion is based upon is still more than 6 years old.

    Quote Quoting adjusterjack
    View Post
    Assuming that everything you've written is correct (I don't have time to look it all up and verify it) then it does appear that the judge erred in reviving the judgment.
    Quote Quoting Mr. Knowitall
    View Post
    The court appears to be expressing that although the original judgment was more than six years old, the judgment was later amended and the amended judgment was less than six years old and thus subject to renewal. I can't review the court file to see if that interpretation would be consistent with its contents.
    Do you both agree that the period for revival is in Colorado County Court is only 6 years, not 20 (for judgments entered after July 1, 1981)? Does the judge's order misstate the law when is says "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."???

    C.R.C.P. 354(h) reads:
    (h) Revival of Judgments. A judgment may be revived against any one or more judgment debtors whether they are jointly or severally liable under the judgment. 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. The notice shall be served on the judgment debtor in conformity with Rule 304. If the judgment debtor answers, any issue so presented may be tried and determined by the court. A revived judgment must be entered within twenty years after the entry of the judgment which it revives, and may be enforced and made a lien in the same manner and for like period as an original judgment. A judgment entered on or after July 1, 1981 must be revived within six years after the entry of the judgment which it revives, and may be enforced and made a lien in the same manner and for like period as an original judgment. If a judgment is revived before the expiration of any lien created by the original judgment, the filing of the transcript of the entry of revivor in the register of actions with the clerk and recorder of the appropriate county before the expiration of such lien shall continue that lien for the same period from the entry of the revived judgment as is provided for original judgments. Revived judgments may themselves be revived in the manner herein provided.

    While 54(h) reads:
    (h) Revival of Judgments. A judgment may be revived against any one or more judgment debtors whether they are jointly or severally liable under the judgment. 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. The notice shall be served on the judgment debtor in conformity with Rule 4. If the judgment debtor answer, any issue so presented shall be tried and determined by the court. A revived judgment must be entered within twenty years after the entry of the judgment which it revives, and may be enforced and made a lien in the same manner and for like period as an original judgment. If a judgment is revived before the expiration of any lien created by the original judgment, the filing of the transcript of the entry of revivor in the register of actions with the clerk and recorder of the appropriate county before the expiration of such lien shall continue that lien for the same period from the entry of the revived judgment as is provided for original judgments. Revived judgments may themselves be revived in the manner herein provided.

    Am I wrong in thinking that only 354(h) and not 54(h) applies to County Courts? Or is the Judge's order wrong when it cites the 20 year period?
    https://www.courts.state.co.us/Forms...nt%20R7-13.pdf seems to support my view, right?

    Also, in my Motion for Clarification, I write "In the event the court does not reconsider their May 11, 2017 order, Defendant also requests the time clock on the deadline to file an appeal does not start running until the requested clarifications are received." I mailed this to the plaintiff and mailed/emailed it to the Court on May 17, but have not heard back yet. Will this act to extend the period I have to file an appeal, or did the clock already start running?

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