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

§ 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).

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 Judgments Act" does not create defenses to foreign judgments which violate the full faith and credit clause of the federal constitution. Marworth, Inc. v. McGuire, 810 P.2d 653 (Colo. 1991).

To allow Colorado courts to reexamine foreign judgments on their merits would violate intent and purpose of this act and the full faith and credit clause. Marworth, Inc. v. McGuire, 810 P.2d 653 (Colo. 1991).

Where respondents were given notice and opportunity to be heard in foreign court, due process rights were not violated and foreign judgment should be enforced pursuant to this act. Marworth, Inc. v. McGuire, 810 P.2d 653 (Colo. 1991).

Colorado court should have given full faith and credit to Illinois dissolution order which granted the wife sole ownership of federal income tax refund check proceeds since wife became sole owner before checks came into creditor's possession and creditor's judgment did not give the creditor any interest in said checks. No provision of this act or the failure of party to act pursuant to the provisions of this act affects the obligation of the court. Pardee v. Mostow, 757 P.2d 1148 (Colo. App. 1988).

Enforcement act applies to a foreign judgment recognized under the principles of comity and is entitled to full faith and credit. Milhoux v. Linder, 902 P.2d 856 (Colo. App. 1995).

Court has no authority to enter orders or issue writs to enforce foreign judgment when plaintiff fails to file authenticated copy of such judgment but merely files affidavit describing the foreign judgment. Griggs v. Gibson, 754 P.2d 783 (Colo. App. 1988).

If foreign judgment was rendered without personal jurisdiction over the defendant, the judgment is void and will not be enforced. Tucker v. Vista Fin. Corp., 192 Colo. 440, 560 P.2d 453 (1977); O'Brien v. Eubanks, 701 P.2d 614 (Colo. App. 1984).

Where foreign default judgment was silent on issue of jurisdiction and plaintiff tendered no evidence contradicting defendant's affidavit stating that he did not transact any business in foreign state within meaning of foreign state's long-arm statute, plaintiff failed to establish that foreign state existence of default judgment raised presumption of valid jurisdiction. Hansen v. Pingenot, 739 P.2d 911 (Colo. App. 1987).

Since a foreign judgment filed in Colorado is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a Colorado court, trial court must hear defendant's motion for relief from judgment based on defenses brought under C.R.C.P. 60. Marworth v. McGuire, 787 P.2d 200 (Colo. App. 1989).

Institution of an original action based on the constitutional provisions of full faith and credit is not required to enforce a foreign judgment; filing under this act is sufficient. Marworth v. McGuire, 787 P.2d 200 (Colo. App. 1989).

Judgment lien, based on a domesticated out-of-state judgment, must be revived under Colorado procedural law for the lien to be extended. To extend a judgment lien beyond six years after the date of judgment, Colorado procedural law requires a judgment to be revived pursuant to C.R.C.P. 54(h) and a transcript of the revival to be filed with the clerk and recorder. Wells Fargo Bank, N.A. v. Kopfman, 205 P.3d 437 (Colo. App. 2008), aff'd, 226 P.3d 1068 (Colo. 2010).

The priority of charging orders issued against Colorado limited liability companies is determined by first-in-time service of charging orders enforceable in the state. Charging orders that are enforceable in Colorado include both those issued by Colorado courts as well as foreign charging orders that have been domesticated in Colorado courts. McClure v. JP Morgan Chase Bank NA, 2015 COA 117, 395 P.3d 1123, aff'd, 2017 CO 22, 393 P.3d 955.

A party may file a foreign judgment in any court that would have had jurisdiction over the underlying action had it been filed in Colorado. It does not require, as a condition of enforceability, that the county in which it is filed be a proper venue under C.R.C.P. 98. L & R Exploration Venture v. Grynberg, 271 P.3d 530 (Colo. App. 2011).