Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.
In Colorado, the execution of judgment is governed by state statutes and rules of civil procedure. When a judgment creditor is entitled to collect on a judgment, they may request a writ of execution from the court. This writ authorizes the sheriff or other law enforcement officer to seize assets of the judgment debtor to satisfy the debt. The assets can include personal property, real estate, and in some cases, wages. The sheriff may then sell the seized property at a public auction, with the proceeds going to the judgment creditor to fulfill the debt. The process is subject to exemptions that protect certain property of the debtor from seizure, such as a limited amount of personal belongings, clothing, and tools of the trade. Additionally, Colorado law provides for a homestead exemption that protects a portion of the debtor's equity in their home. It is important for judgment creditors to be aware of these exemptions and for judgment debtors to know their rights regarding protected assets. An attorney can provide guidance on the specific procedures and exemptions applicable in Colorado.