Colo. Rev. Stat. § 13-62.3-104

Current through 11/5/2024 election

Section 13-62.3-104 - Registration of Canadian judgment

(1) A person seeking recognition of a Canadian judgment to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under section 13-62-106.

(2) A registration under subsection (1) of this section must be executed by the person registering the judgment or the person's attorney and include:

(a) A copy of the Canadian judgment authenticated as accurate by the court that entered the judgment;

(b) The name and address of the person registering the judgment;

(c) If the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describing the interest in the judgment of the person registering the judgment that entitles the person to seek its recognition and enforcement;

(d) The name and last-known address of the person against whom the judgment is being registered;

(e) If the judgment is of the type described in section 13-62.3-103 (2) or (3), a description of the part of the judgment being registered;

(f) The amount of the judgment or part of the judgment being registered, identifying:

(I) The amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, including the rate of interest, the part of the judgment to which interest applies, and the date when interest began;

(II) Costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorney's fees; and

(III) The amount of an award of attorney's fees included in the judgment or part of the judgment being registered;

(g) The amount of post-judgment costs, expenses, and attorney's fees as of the date of registration claimed by the person registering the judgment or part of the judgment;

(h) The amount of the judgment or part of the judgment being registered that has been satisfied as of the date of registration;

(i) A statement that:

(I) The judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered;

(II) The judgment or part of the judgment being registered is within the scope of this article 62.3; and

(III) If a part of the judgment is being registered, the amounts stated in the registration as required by subsections (2)(f), (2)(g), and (2)(h) of this section relate to the part;

(j) If the judgment is not in English, a certified translation of the judgment into English; and

(k) The docket fee stated in section 13-53-106.

(3) On receipt of a registration that includes the documents, information, and docket fee required by subsection (2) of this section, the clerk shall file the registration, assign a docket number, and enter the Canadian judgment in the court's docket.

(4) A registration substantially in the following form, which includes the attachments specified in the form, complies with the requirements under subsection (2) of this section for registration:

REGISTRATION OF CANADIAN MONEY JUDGMENT

This completed form, together with the documents required by Subpart V, should be filed with the Clerk of the District Court. When stating a sum of money, identify the currency in which the sum is stated.

I. Identification of Canadian Judgment

Canadian Court Rendering the Judgment: _____________________

Case/Docket Number in Canadian Court: _____________________

Name of Plaintiff: ___________________________

Name of Defendant: _________________________

The Canadian Court entered the judgment on _______ [Date] in _________ [City] in ___________________ [Province or Territory]. The judgment includes an award for the payment of money in favor of ____________ in the amount of __________.

If only part of the Canadian judgment is subject to registration (see sections 13-62.3-103 (2) and (3), Colorado Revised Statutes), describe the part of the judgment being registered. _______________________.

II.Identification of Person Registering Judgment and Person Against Whom Judgment is Being Registered

Name of Person Registering Judgment: _______________________. If the person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest in the judgment of the person registering the judgment that entitles the person to seek its recognition and enforcement. ___________

Address: _______________________________________________

Additional Contact Information for Person Registering Judgment (optional):

Telephone Number: __________ FAX Number: ________________

E-mail Address: _______________________

Name of Attorney for Person Registering Judgment, if any: _____________________

Address: _______________________________________________

Telephone Number: __________ FAX Number: _________________

E-mail Address: _______________________

Name of Person Against Whom Judgment is Being Registered: _________________

Address: ____________________________________ (provide the most recent address known)

Additional Contact Information for Person Against Whom Judgment is Being Registered (optional) (provide most recent information known):

Telephone Number: ____________ FAX Number: _______________

E-mail Address: _____________________________

III.Calculation of Amount for Which Enforcement is Sought

The amount of the Canadian judgment or part of the judgment being registered is _________________________.

The amount of interest accrued as of the date of registration on the part of the judgment being registered is __________________. The applicable rate of interest is _________. The date when interest began is ______________. The part of the judgment to which the interest applies is __________________.

The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of _________________ (exclude any amount included in the award of costs and expenses that represents an award of attorney's fees).

The Canadian Court awarded attorney's fees relating to the part of the judgment being registered in the amount of ________.

The person registering the Canadian judgment claims post-judgment costs and expenses of _____________ and post-judgment attorney's fees of ____________relating to the part of the judgment being registered (include only costs, expenses, and attorney's fees incurred before registration).

The amount of the part of the judgment being registered that has been satisfied as of the date of registration is _____________.

The total amount for which enforcement of the part of the judgment being registered is sought is ______________________.

IV.Statement of Person Registering Judgment

I, __________________ [Person Registering Judgment or Attorney for Person Registering Judgment], state:

1. The Canadian judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered.

2. The Canadian judgment or part of the Canadian judgment being registered is within the scope of article 62.3 of title 13, Colorado Revised Statutes.

3. If only a part of the Canadian judgment is being registered, the amounts stated in Subpart III of the registration relate to that part.

V. Items Required to be Included with Registration

Attached are (check to signify required items are included):

_____ A copy of the Canadian judgment authenticated as accurate by the Canadian Court that entered the judgment in accordance with section 13-53-103, Colorado Revised Statutes.

_____ If the Canadian judgment is not in English, a certified translation of the judgment into English.

_____ A docket fee in the amount of $201.00.

I declare that the information provided on this form is true and correct, except as to matters stated to be on information and belief and, as to those matters, I believe them to be true.

Submitted by: ______________________

Person Registering Judgment or Attorney for Person

Registering Judgment (specify whether signer is the person

registering the judgment or that person's attorney)

Date of submission: _________________

C.R.S. § 13-62.3-104

Added by 2020 Ch. 68, §1, eff. 7/1/2021.