Legal Question in Real Estate Law in Colorado

time limit on collection of awards.

I lost a small claims case two months ago. My attorney told me to wait because the defendent (I suied her and I lost and had to pay her money) has the duty to collect. She has not contacted me and I don't know what to do next. The award has an 8% interest rate on it as well. Is there a time limit she has? Or I have? We are former room-mates and I am not even sure where she lives,even if I wanted to send the money. I just don't know what to do next. Thank You for your help.

Asked on 1/06/02, 10:00 pm

1 Answer from Attorneys

L. Eric Lundgren Lundgren Law Offices, P.C.

Re: time limit on collection of awards.

I will not second guess your attorney, because you did not provide a sufficient amount of information from which to analyze your attorney's advice.

However, I would make one comment. If a judgment was entered against you obligating you to pay, interest will probably run on that judgment until the time it is paid. Judgments can be enforced at any time after entry for a number of years. If you do not pay, you could be at risk of having wages or other money garnished, and proceedings may be instituted to sieze and sell your property (real and personal) to satisfy the judgment. Typically, I would not advise one of my clients to ignore a judgment against them until the other party instituted legal proceedings to collect. This is especially true where the amount at stake is limited to an amount that can be awarded in small claims court and if my client had assets to lose. Good luck.

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Answered on 1/09/02, 1:20 am

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