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Colorado District Court Affirms Post-Judgment Collection Activity While Motions Are Pending Glasser, Daniel W.

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Author: Daniel W. Glasser

Published: January 12, 2021

In a recent ruling, a Colorado district court confirmed that C.R.C.P. 62(a)’s 14-day automatic stay on the execution of a final judgment is not automatically extended while motions under C.R.C.P 59 and 60 are pending in that action. According to the court, if a judgment determines both liability and damages in a precise amount, leaving nothing else to resolve on its face, it is a final judgment for purposes of collection proceedings and it may be executed upon following Rule 62(a)’s 14-day automatic stay—regardless of any subsequent Rule 59 and 60 motions to amend the judgment or to add pre-judgment interest. Additionally, the court ruled that banking information provided via discovery and that had been marked “attorneys’ eyes only” could be used by a prevailing party to identify a litigant’s banking information for purposes of serving writs of garnishment without violating a Protective Order where the Protective Order expressly permitted parties to use “attorneys’ eyes only” material for the “prosecution” of the action.

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