reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 61 - GARNISHMENT OF PUBLIC SERVANTS (§§ 13-61-101 — 13-61-105) › Section 13-61-102 - Other salaries, wages, and fees

It is declared that no provision of this article is contrary to public policy and that the provisions of this article are meant to apply to all salaries, wages, fees, credits, and choses in action other than such as are exempt under the provisions of section
13-61-101
, whether collection of the same might be enforced under any action in court, by an action in the nature of mandamus, or in any manner whatsoever.
L. 27: p. 375, § 2. Code 35: § 132B. CRS 53: § 77-12-2. C.R.S. 1963: § 77-12-2.
For an action in the nature of mandamus, see C.R.C.P. 106(a)(2).
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 61 - GARNISHMENT OF PUBLIC SERVANTS (§§ 13-61-101 — 13-61-105) › Section 13-61-103 - Summons - how served

Garnishee summons issued upon writs of attachment and execution shall be served upon the officer of such state, municipal corporation, quasi-municipal corporation, or board or commission thereof, whose duty it is to issue warrants, checks, or money for the payment to any officer, employee, or other person whose salary, wages, earnings, or money due him is sought to be held. Service of such garnishee summons on such officer shall be made by leaving a copy thereof with him personally or, in the event of his absence from his office, then by leaving a copy thereof in his office with the chief clerk, deputy, or other employee of the office then in charge thereof.
L. 27: p. 375, § 3. Code 35: § 132C. CRS 53: § 77-12-3. C.R.S. 1963: § 77-12-3.
For personal service in state, see C.R.C.P. 4(e).
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 61 - GARNISHMENT OF PUBLIC SERVANTS (§§ 13-61-101 — 13-61-105) › Section 13-61-104 - Garnishee to answer

It is the duty of such officer to answer any garnishee summons served upon him under the provisions of this article in the same manner as is provided by law for the answer of garnishee summons by private corporations. If such answer is accompanied by a certificate of such officer that the same is true, such answer need not be under oath or affirmation, and such officer shall not be required to appear and answer in person, but may file his answer in writing or submit the same by United States mail to the court, or clerk thereof, designated in such summons. The officer need not include as money due the amount of any warrant or check drawn and signed prior to the time of the service of such garnishee summons.
L. 27: p. 375, § 4. Code 35: § 132D. CRS 53: § 77-12-4. C.R.S. 1963: § 77-12-4. L. 64: p. 287, § 214.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 61 - GARNISHMENT OF PUBLIC SERVANTS (§§ 13-61-101 — 13-61-105) › Section 13-61-105 - Order of court

Such officer shall abide by the order of the court with regard to paying into court any amount ordered, not, however, in excess of the salary, wages, earnings, or money due such officer, employee, or other person whose salary, wages, or money due him is sought to be held to the time of the service of such garnishee summons.
L. 27: p. 376, § 5. Code 35: § 132E. CRS 53: § 77-12-5. C.R.S. 1963: § 77-12-5. L. 64: p. 287, § 215.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 13-62-101 — 13-62-112) › Section 13-62-101 - Short title

This article may be cited as the "Uniform Foreign-country Money Judgments Recognition Act".
L. 2008: Entire article R&RE, p. 99, § 1, effective August 5.
OFFICIAL COMMENT
Source: This section is an updated version of Section 9 of the Uniform Foreign Money-Judgments Recognition Act of 1962.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 13-62-101 — 13-62-112) › Section 13-62-108 - Stay of proceedings pending appeal of foreign-country judgment

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
L. 2008: Entire article R&RE, p. 102, § 1, effective August 5.
OFFICIAL COMMENT
Source: This section is the same substantively as section 6 of the 1962 Act, except that it adds as an additional measure for the duration of the stay "the time for appeal expires."
1. Under Section 3 of this Act, a foreign-country judgment is not within the scope of this Act unless it is conclusive and enforceable where rendered. Thus, if the effect of appeal under the law of the foreign country in which the judgment was rendered is to prevent it from being conclusive or enforceable between the parties, the existence of a pending appeal in the foreign country would prevent the application of this Act. Section 8 addresses a different situation. It deals with the situation in which either (1) the party seeking a stay has demonstrated that it intends to file an appeal in the foreign country, although the appeal has not yet been filed or (2) an appeal has been filed in the foreign country, but under the law of the foreign country filing of an appeal does not affect the conclusiveness or enforceability of the judgment. Section 8 allows the forum court in those situations to determine in its discretion that a stay of proceedings is appropriate.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 13-62-101 — 13-62-112) › Section 13-62-109 - Statute of limitations

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign country.
L. 2008: Entire article R&RE, p. 102, § 1, effective August 5.
OFFICIAL COMMENT
Source: This Section is new. The 1962 Act did not contain a statute of limitations. Some courts applying the 1962 Act have used the state's general statute of limitations,
e.g.
, Vrozos v. Sarantopoulos, 552 N.E.2d 1053 (Ill. App. 1990) (as Recognition Act contains no statute of limitations, general five-year statute of limitations applies), while others have used the statute of limitations applicable with regard to enforcement of a domestic judgment,
e.g.
, La Societe Anonyme Goro v. Conveyor Accessories, Inc., 677 N.E. 2d 30 (Ill. App. 1997).
1. Under Section 3 of this Act, this Act only applies to foreign-country judgments that are conclusive, and if the judgment grants recovery of a sum of money, enforceable where rendered. Thus, if the period of effectiveness of the foreign-country judgment has expired in the foreign country where the judgment was rendered, the foreign-country judgment would not be subject to this Act. This means that the period of time during which a foreign-country judgment may be recognized under this Act normally is measured by the period of time during which that judgment is effective (that is, conclusive and, if applicable, enforceable) in the foreign country that rendered the judgment. If, however, the foreign-country judgment remains effective for more than fifteen years after the date on which it became effective in the foreign country, Section 9 places an additional time limit on recognition of a foreign-country judgment. It provides that, if the foreign-country judgment remains effective between the parties for more than fifteen years, then an action to recognize the foreign-country judgment under this Act must be commenced within that fifteen year period.
2. Section 9 does not address the issue of whether a foreign-country judgment that can no longer be the basis of a recognition action under this Act because of the application of the fifteen-year limitations period in Section 9 may be used for other purposes. For example, a common rule with regard to judgments barred by a statute of limitations is that they still may be used defensively for purposes of offset and for their preclusive effect. The extent to which a foreign-country judgment with regard to which a recognition action is barred by Section 9 may be used for these or other purposes is left to the other law of the forum state.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 13-62-101 — 13-62-112) › Section 13-62-110 - Uniformity of interpretation

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
L. 2008: Entire article R&RE, p. 102, § 1, effective August 5.
OFFICIAL COMMENT
Source: This Section is substantively the same as Section 8 of the 1962 Act. The section has been rewritten to reflect current NCCUSL practice.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 13-62-101 — 13-62-112) › Section 13-62-111 - Saving clause

This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
L. 2008: Entire article R&RE, p. 103, § 1, effective August 5.
OFFICIAL COMMENT
Source: This section is based on Section 7 of the 1962 Act.
1. Section 3 of this Act provides that this Act applies only to certain foreign-country judgments that grant or deny recovery of a sum of money. The purpose of this Act is to establish the minimum standards for recognition of those judgments. Section 11 makes clear that no negative implication should be read from the fact that this Act does not provide for recognition of other foreign-country judgments. Rather, this Act simply does not address the issue of whether foreign-country judgments not within its scope under Section 3 should be recognized. Courts are free to recognize those foreign-country judgments not within the scope of this Act under common law principles of comity or other applicable law.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 13-62-101 — 13-62-112) › Section 13-62-112 - Applicability

This article applies to all actions commenced on or after August 5, 2008, in which the issue of recognition of a foreign-country judgment is raised.
L. 2008: Entire article R&RE, p. 103, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-101 - Definitions

In this article:
(1)
"Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(2)
"Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(3)
"Conversion date" means the banking day next preceding the date on which money, in accordance with this article, is:
(a)
Paid to a claimant in an action or distribution proceeding;
(b)
Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
(c)
Used to recoup, set-off, or counterclaim in different moneys in an action or distribution proceeding.
(4)
"Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund.
(5)
"Foreign money" means money other than money of the United States of America.
(6)
"Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(7)
"Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
(8)
"Money of the claim" means the money determined as proper pursuant to section
13-62.1-104
.
(9)
"Person" means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(10)
"Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
(11)
"Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days.
(12)
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
L. 90: Entire article added, p. 877, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-102 - Scope

(1)
This article applies only to a foreign-money claim in an action or distribution proceeding.
(2)
This article applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.
L. 90: Entire article added, p. 878, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-103 - Variation by agreement

(1)
The effect of this article may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
(2)
Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
L. 90: Entire article added, p. 878, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-104 - Determining money of the claim

(1)
The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
(2)
If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(a)
Regularly used between the parties as a matter of usage or course of dealing;
(b)
Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(c)
In which the loss was ultimately felt or will be incurred by the party claimant.
L. 90: Entire article added, p. 878, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-105 - Determining amount of the money of certain contract claims

(1)
If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(2)
If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(3)
A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
L. 90: Entire article added, p. 879, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-106 - Asserting and defending foreign-money claim

(1)
A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
(2)
An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(3)
A person may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other claims.
(4)
The determination of the proper money of the claim is a question of law.
L. 90: Entire article added, p. 879, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-107 - Judgments and awards on foreign-money claims; times of money conversion; form of judgment

(1)
Except as provided in subsection (3) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
(2)
A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(3)
Assessed costs must be entered in United States dollars.
(4)
Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(5)
A judgment or award made in an action or distribution proceeding on both (i) a defense, set-off, recoupment, or counterclaim and (ii) the adverse party's claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
(6)
A judgment substantially in the following form complies with subsection (1) of this section:
[IT IS ADJUDGED AND ORDERED, that Defendant
(insert name)
pay to Plaintiff
(insert name)
the sum of
(insert amount in the foreign money)
plus interest on that sum at the rate of
(insert rate - see Section 9)
percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the
(insert name of foreign money)
with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of
(insert amount)
United States dollars.] [Note: States should insert their customary forms of judgment with appropriate modifications.]
(7)
If a contract claim is of the type covered by section
13-62.1-105 (1) or (2)
, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(8)
A judgment must be [filed] [docketed] [recorded] and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
L. 90: Entire article added, p. 879, § 1, effective 1/1/1991.
Section 9, which is referenced in the form in subsection (6), is found at §
13-62.1-109
.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-108 - Conversions of foreign money in distribution proceeding

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
L. 90: Entire article added, p. 880, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-109 - Pre-judgment and judgment interest

(1)
With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (2) of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.
(2)
The court or arbitrator shall increase or decrease the amount of pre-judgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
(3)
A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
L. 90: Entire article added, p. 880, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-110 - Enforcement of foreign judgments

(1)
If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section
13-62.1-107
, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
(2)
A foreign judgment may be [filed] [docketed] [recorded] in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
(3)
A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
(4)
A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
L. 90: Entire article added, p. 881, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-111 - Determining United States dollar value of foreign-money claims for limited purposes

(1)
Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
(2)
For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in subsections (3) and (4) of this section.
(3)
A party seeking process, costs, bond, or other undertaking under subsection (2) of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
(4)
A party seeking the process, costs, bond, or other undertaking under subsection (2) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
L. 90: Entire article added, p. 881, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-112 - Effect of currency revalorization

(1)
If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(2)
If substitution under subsection (1) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
L. 90: Entire article added, p. 882, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-113 - Supplementary general principles of law

Unless displaced by particular provisions of this article, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.
L. 90: Entire article added, p. 882, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-114 - Uniformity of application and construction

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
L. 90: Entire article added, p. 882, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-115 - Short title

This article may be cited as the "Uniform Foreign-Money Claims Act".
L. 90: Entire article added, p. 882, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-116 - Severability clause

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
L. 90: Entire article added, p. 882, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-117 - Effective date

This article becomes effective on January 1, 1991.
L. 90: Entire article added, p. 882, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.1 - UNIFORM FOREIGN-MONEY CLAIMS ACT (§§ 13-62.1-101 — 13-62.1-118) › Section 13-62.1-118 - Transitional provision

This article applies to actions and distribution proceedings commenced after January 1, 1991.
L. 90: Entire article added, p. 882, § 1, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-101 - Short title

This article 62.3 may be cited as the "Uniform Registration of Canadian Money Judgments Act".
Added by 2020 Ch. 68,§ 1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-102 - Definitions

In this article 62.3:
(1)
"Canada" means the sovereign nation of Canada and its provinces and territories. "Canadian" has a corresponding meaning.
(2)
"Canadian judgment" means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign country.
Added by 2020 Ch. 68,§ 1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-103 - Applicability

(1)
This article 62.3 applies to a Canadian judgment to the extent the judgment is within the scope of section
13-62-103
, if recognition of the judgment is sought to enforce the judgment.
(2)
A Canadian judgment that grants both recovery of a sum of money and other relief may be registered under this article 62.3, but only to the extent of the grant of a sum of money.
(3)
A Canadian judgment regarding subject matter both within and not within the scope of this article 62.3 may be registered under this article 62.3, but only to the extent the judgment relates to subject matter within the scope of this article 62.3.
Added by 2020 Ch. 68,§ 1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-105 - Effect of registration

(1)
Subject to subsection (2) of this section, a Canadian judgment registered under section
13-62.3-104
has the same effect provided in section
13-62-107
for a judgment determined by a court to be entitled to recognition.
(2)
A Canadian judgment registered under section
13-62.3-104
may not be enforced by sale or other disposition of property, or by seizure of property or garnishment, until thirty-five calendar days after service of notice of registration under section
13-62.3-106
. The court for cause may provide for a shorter or longer time. This subsection (2) does not preclude use of relief available under law of this state other than this article 62.3 to prevent dissipation, disposition, or removal of property.
Added by 2020 Ch. 68, §1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-106 - Notice of registration

(1)
A person that registers a Canadian judgment under section
13-62.3-104
shall cause notice of registration to be served on the person against whom the judgment has been registered.
(2)
Notice under this section must be served in the same manner that a summons and complaint must be served in an action under section
13-62-106
seeking recognition of a foreign-country judgment.
(3)
Notice under this section must include:
(a)
The date of registration and court in which the judgment was registered;
(b)
The docket number assigned to the registration;
(c)
The name and address of:
(I)
The person registering the judgment; and
(II)
The person's attorney, if any;
(d)
A copy of the registration, including the documents required under section
13-62.3-104 (2)
; and
(e)
A statement that:
(I)
The person against whom the judgment has been registered has thirty-five days after the date of service of notice in which to petition the court to vacate the registration; and
(II)
The court for cause may provide for a shorter or longer time.
(4)
Proof of service of notice under this section must be filed with the clerk of the court.
Added by 2020 Ch. 68, §1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-107 - Petition to vacate registration

(1)
Not later than thirty-five days after notice under section
13-62.3-106
is served, the person against whom the judgment was registered may petition the court to vacate the registration. The court for cause may provide for a shorter or longer time.
(2)
A petition under this section may assert only:
(a)
A ground that could be asserted to deny recognition of the judgment under the "Uniform Foreign-country Money Judgments Recognition Act", article
62
of this title 13; or
(b)
A failure to comply with the requirements of this article 62.3 for registration of the judgment.
(3)
A petition under this section does not itself stay enforcement of the registered judgment.
(4)
If the court grants a petition under this section, the registration is vacated and any act under the registration to enforce the registered judgment is void.
(5)
If the court grants a petition under this section on a ground under subsection (2)(a) of this section, the court also shall render an order denying recognition of the Canadian judgment. An order rendered under this subsection (5) has the same effect as an order denying recognition to a judgment on the same ground under the "Uniform Foreign-country Money Judgments Recognition Act", article
62
of this title 13.
Added by 2020 Ch. 68, §1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-108 - Stay of enforcement proceedings

A person that files a petition under section
13-62.3-107 (1)
to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the petition. The court shall grant the stay if the court determines that the person has established a likelihood of success on the merits with regard to a ground under section
13-62.3-107 (2)
for vacating a registration. The court may require the person to provide security in an amount determined by the court.
Added by 2020 Ch. 68, §1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-109 - Relationship to "Uniform Foreign-country Money Judgments Recognition Act"

(1)
This article 62.3 supplements the "Uniform Foreign-Country Money Judgments Recognition Act", article
62
of this title 13, and that act, other than section
13-62-106
, applies to a registration under this article 62.3.
(2)
A person may seek recognition of a Canadian judgment either:
(a)
By registration under this article 62.3; or
(b)
As provided under section
13-62-106
.
(3)
Subject to subsection (4) of this section, a person may not seek recognition in this state of the same judgment or part of a judgment described in section
13-62.3-103 (2) or (3)
with regard to the same person under both this article 62.3 and section
13-62-106
.
(4)
If the court grants a petition to vacate a registration solely on a ground under section
13-62.3-107 (2)(b)
, the person seeking registration may:
(a)
If the defect in the registration is one that can be cured, file a new registration under this article 62.3; or
(b)
Seek recognition of the judgment under section
13-62-106
.
Added by 2020 Ch. 68, §1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-110 - Uniformity of application and interpretation

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2020 Ch. 68,§ 1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-111 - Transitional provision

This article 62.3 applies to the registration of a Canadian judgment entered in a proceeding commenced in Canada on or after July 1, 2021.
Added by 2020 Ch. 68,§ 1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 62.3 - UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT (§§ 13-62.3-101 — 13-62.3-112) › Section 13-62.3-112 - Effective date

This article 62.3 takes effect July 1, 2021.
Added by 2020 Ch. 68,§ 1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 63 - DEFAULT JUDGMENTS BASED ON AFFIDAVITS (§ 13-63-101) › Section 13-63-101 - Default judgments in civil actions - affidavit

(1)
In every civil action in which the default of a party against whom a judgment for affirmative relief is sought has been entered, the court may enter judgment based upon affidavit of the party seeking such affirmative relief.
(2)
The court may require such supporting evidence as it may deem helpful to the disposition of the issues in addition to an affidavit and may, upon its own motion, require that a formal hearing be held to determine any and all issues presented by the pleadings.
L. 82: Entire article added, p. 296, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 1 - SHORT TITLE - LEGISLATIVE DECLARATION (§§ 13-64-101 — 13-64-102) › Section 13-64-101 - Short title

This article shall be known and may be cited as the "Health Care Availability Act".
L. 88: Entire article added, p. 612, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 1 - SHORT TITLE - LEGISLATIVE DECLARATION (§§ 13-64-101 — 13-64-102) › Section 13-64-102 - Legislative declaration

(1)
The general assembly determines and declares that it is in the best interests of the citizens of this state to assure the continued availability of adequate health-care services to the people of this state by containing the significantly increasing costs of malpractice insurance for medical care institutions and licensed medical care professionals, and that such is rationally related to a legitimate state interest. To attain this goal and in recognition of the exodus of professionals from health-care practice or from certain portions or specialties thereof, the general assembly finds it necessary to enact this article limited to the area of medical malpractice to preserve the public peace, health, and welfare.
(2)
The general assembly further determines and declares:
(a)
The purpose of enacting the "Health Care Availability Act" and amendments thereto is to clearly and unequivocally state the intent of the general assembly that, in order to promote the purposes set forth in subsection (1) of this section, the limitations of liability set forth in section
13-64-302
are hereby reaffirmed; and
(b)
All noneconomic damages of any kind whatsoever, whether direct or derivative, including but not limited to grief, loss of companionship, pain and suffering, inconvenience, emotional stress, impairment of quality of life, physical impairment, disfigurement, and damages for any other nonpecuniary harm awarded in a medical malpractice action, shall not exceed the limitations on noneconomic loss or injury specified in section
13-64-302
.
L. 88: Entire article added, p. 612, § 1, effective July 1. L. 2003: Entire section amended, p. 1788, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-201 - Legislative declaration

(1)
The general assembly declares the purposes of enacting this part 2 are to:
(a)
Alleviate the practical problems incident to the unpredictability of future losses;
(b)
Effectuate more precise awards of damages for actual losses;
(c)
Pay damages as the losses are found to accrue;
(d)
Assure that payments of damages more nearly serve the purposes for which they are awarded;
(e)
Reduce the burden on public assistance costs created by the dissipation of lump-sum payments; and
(f)
Conform to the income tax policies in the federal "Internal Revenue Code of 1986" and the laws of this state with respect to compensation for personal injuries.
L. 88: Entire article added, p. 613, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Economic loss" means pecuniary harm for which damages are recoverable under the laws of this state.
(2)
"Future damages" means damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made.
(3)
"Health-care institution" means any licensed or certified hospital, health-care facility, dispensary, other institution for the treatment or care of the sick or injured, or a laboratory certified under the federal "Clinical Laboratories Improvement Act of 1967", as amended,
42 U.S.C. sec. 263a
, to perform high complexity testing.
(4)
(a)
"Health-care professional" means any person licensed in this state or any other state to practice medicine, chiropractic, nursing, physical therapy, podiatry, dentistry, pharmacy, optometry, or other healing arts. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state.
(b)
Repealed.
(c)
Nothing in this subsection (4) shall be construed to create an exception to the corporate practice of medicine doctrine.
(5)
"Noneconomic loss" means nonpecuniary harm for which damages are recoverable under the laws of this state, but the term does not include punitive or exemplary damages.
(6)
"Past damages" means damages that have accrued before the damages findings are made, including any punitive or exemplary damages allowed by the laws of this state.
(7)
"Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the judgment is entered.
(8)
"Qualified insurer" means an insurance company licensed to do business in this state or any self-insurer, assignee, plan, or arrangement approved by the court.
L. 88: Entire article added, p. 613, § 1, effective July 1. L. 93: (4) amended, p. 1920, § 4, effective July 1. L. 2003: (4) amended, p. 1600, § 4, effective July 1. L. 2004: (3) amended, p. 966, § 5, effective May 21.
Subsection (4)(b) provided for the repeal of subsection (4)(b), effective July 1, 1996. (See L. 93, p. 1920.)
For the legislative declaration contained in the 2003 act amending subsection (4), see section 1 of chapter 240, Session Laws of Colorado 2003.