Q: How do I clear an expired judgement lien in Colorado from 2010? Lien not renewed. Shows on court record as unsatisfied.
Judgement lien awarded to creditor in August, 2010. The judgement/lien was never renewed. It is still showing as unsatisfied, but the SofL in Colorado for a judgement issued in county court is 6 years. Is there a way I can clear this judgement/lien from the court record since the debtor never renewed? It will be 7 years since they the original lien took effect
Judgment liens create a new SoL tolling period beyond the SoL for filing suit. In most situations this is 10 years from the date the lien was authorized by the court. Usually, an additional 10 year renewal is allowed. Colorado also has some case law that under the right circumstances can further extend the tolling period.
Justia's Q&A cannot provide an assessment for when your tolling period will expire because this would create an attorney-client relationship. If you want a firmer date you will need to contact an attorney directly. Expect to pay for the attorney's time.
A: If you file bankruptcy, the judgment lien may be removed by filing a motion to void the lien with the bankruptcy court. The lien is not automatically removed by filing bankruptcy. Whether the lien can be voided in whole or in part depends on the balance of the lien, other encumbrances (e.g. mortgages), the exemption amount and the amount of equity in the home. An attorney can advise you on how to proceed.
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