When a lawsuit is resolved by a judge or jury, the party who lost the lawsuit (the judgment debtor) generally owes the party who won the lawsuit (the judgment creditor) an amount of money—including the damages for the breach of contract, negligence, fraud, or other claims, plus interest owed on the amount of the judgment from the time the wrongful acts occurred until the judgment is paid (prejudgment interest and post-judgment interest), the amount of court costs, and possibly the amount of the judgment creditor’s attorney fees.
After the judgment becomes final (the deadline to file an appeal expires) the judgment creditor may seek to collect on the judgment using various legal methods such as property liens, wage garnishment/writ of garnishment, bank account garnishment/bank levy, writ of execution, attachments, turnover orders, property levies, contempt proceedings, and post-judgment discovery (interrogatories, document requests, depositions). These processes and the names for them vary from state to state, but all generally seek to (1) take cash owned by the judgment debtor to satisfy the judgment, or (2) force the sale of property owned by the judgment debtor, and use some or all of the proceeds to satisfy the judgment.
In Colorado, once a lawsuit is resolved and the judgment is final, meaning the time to appeal has passed, the judgment creditor is entitled to collect the awarded amount from the judgment debtor. This amount can include damages for various claims such as breach of contract or negligence, along with prejudgment and post-judgment interest, court costs, and potentially the creditor’s attorney fees. To collect the debt, the creditor may employ several legal methods. These include placing liens on the debtor’s property, garnishing wages or bank accounts, and obtaining writs of execution to seize and sell the debtor’s property. The creditor may also use attachments, turnover orders, and contempt proceedings to enforce the judgment. Additionally, post-judgment discovery tools like interrogatories, document requests, and depositions can be used to uncover the debtor’s assets. The specific processes and their names can vary, but the goal is to either take cash from the debtor or sell the debtor’s property to satisfy the judgment debt.