(1) A person seeking recognition of a Canadian judgment to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under section 13-62-106.
(2) A registration under subsection (1) of this section must be executed by the person registering the judgment or the person's attorney and include:
A copy of the Canadian judgment authenticated as accurate by the court that enteredthe judgment;
The name and address of the person registering the judgment;
If the person registering the judgment is not the person in whose favor the judgmentwas rendered, a statement describing the interest in the judgment of the person registering the judgment that entitles the person to seek its recognition and enforcement;
The name and last-known address of the person against whom the judgment is beingregistered;
If the judgment is of the type described in section 13-62.3-103 (2) or (3), a description of the part of the judgment being registered;
The amount of the judgment or part of the judgment being registered, identifying:
The amount of interest accrued as of the date of registration on the judgment or partof the judgment being registered, including the rate of interest, the part of the judgment to which interest applies, and the date when interest began;
Costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorney's fees; and
The amount of an award of attorney's fees included in the judgment or part of thejudgment being registered;
The amount of post-judgment costs, expenses, and attorney's fees as of the date ofregistration claimed by the person registering the judgment or part of the judgment;
The amount of the judgment or part of the judgment being registered that has beensatisfied as of the date of registration; (i) A statement that:
The judgment is final, conclusive, and enforceable under the law of the Canadianjurisdiction in which it was rendered;
The judgment or part of the judgment being registered is within the scope of thisarticle 62.3; and
If a part of the judgment is being registered, the amounts stated in the registration asrequired by subsections (2)(f), (2)(g), and (2)(h) of this section relate to the part;
If the judgment is not in English, a certified translation of the judgment into English;and
The docket fee stated in section 13-53-106.
On receipt of a registration that includes the documents, information, and docket feerequired by subsection (2) of this section, the clerk shall file the registration, assign a docket number, and enter the Canadian judgment in the court's docket.
A registration substantially in the following form, which includes the attachmentsspecified in the form, complies with the requirements under subsection (2) of this section for registration:
REGISTRATION OF CANADIAN MONEY JUDGMENT
This completed form, together with the documents required by Subpart V, should be filed with the Clerk of the District Court. When stating a sum of money, identify the currency in which the sum is stated.
Identification of Canadian Judgment
Canadian Court Rendering the Judgment: _____________________
Case/Docket Number in Canadian Court: _____________________
Name of Plaintiff: ___________________________
Name of Defendant: _________________________
The Canadian Court entered the judgment on _______ [Date] in _________ [City] in ___________________ [Province or Territory]. The judgment includes an award for the payment of money in favor of ____________ in the amount of __________.
If only part of the Canadian judgment is subject to registration (see sections 13-62.3-103 (2) and (3), Colorado Revised Statutes), describe the part of the judgment being registered. _______________________.
Identification of Person Registering Judgment and Person Against Whom Judgment is Being Registered
Name of Person Registering Judgment: _______________________. If the person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest in the judgment of the person registering the judgment that entitles the person to seek its recognition and enforcement. ___________
Address: _______________________________________________
Additional Contact Information for Person Registering Judgment (optional):
Telephone Number: __________ FAX Number: ________________
E-mail Address: _______________________
Name of Attorney for Person Registering Judgment, if any: _____________________
Address: _______________________________________________
Telephone Number: __________ FAX Number: _________________
E-mail Address: _______________________
Name of Person Against Whom Judgment is Being Registered: _________________
Address: ____________________________________ (provide the most recent address known) Additional Contact Information for Person Against Whom Judgment is Being Registered (optional) (provide most recent information known):
Telephone Number: ____________ FAX Number: _______________
E-mail Address: _____________________________
III. Calculation of Amount for Which Enforcement is Sought
The amount of the Canadian judgment or part of the judgment being registered is _________________________.
The amount of interest accrued as of the date of registration on the part of the judgment being registered is __________________. The applicable rate of interest is _________. The date when interest began is ______________. The part of the judgment to which the interest applies is __________________.
The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of _________________ (exclude any amount included in the award of costs and expenses that represents an award of attorney's fees).
The Canadian Court awarded attorney's fees relating to the part of the judgment being registered in the amount of ________.
The person registering the Canadian judgment claims post-judgment costs and expenses of _____________ and post-judgment attorney's fees of ____________relating to the part of the judgment being registered (include only costs, expenses, and attorney's fees incurred before registration).
The amount of the part of the judgment being registered that has been satisfied as of the date of registration is _____________.
The total amount for which enforcement of the part of the judgment being registered is sought is ______________________.
IV. Statement of Person Registering Judgment
I, __________________ [Person Registering Judgment or Attorney for Person Registering Judgment], state:
The Canadian judgment is final, conclusive, and enforceable under the law of theCanadian jurisdiction in which it was rendered.
The Canadian judgment or part of the Canadian judgment being registered is withinthe scope of article 62.3 of title 13, Colorado Revised Statutes.
If only a part of the Canadian judgment is being registered, the amounts stated inSubpart III of the registration relate to that part.
V. Items Required to be Included with Registration
Attached are (check to signify required items are included):
_____ A copy of the Canadian judgment authenticated as accurate by the Canadian Court that entered the judgment in accordance with section 13-53-103, Colorado Revised Statutes. _____ If the Canadian judgment is not in English, a certified translation of the judgment into English.
_____ A docket fee in the amount of $201.00.
I declare that the information provided on this form is true and correct, except as to matters stated to be on information and belief and, as to those matters, I believe them to be true.
Submitted by: ______________________
Person Registering Judgment or Attorney for Person
Registering Judgment (specify whether signer is the person
registering the judgment or that person's attorney)
Date of submission: _________________
Source: L. 2020: Entire article added, (SB 20-114), ch. 68, p. 273, § 1, effective July 1, 2021.