As amended through Rule Change 2024(18), effective October 2, 2024
Rule 369 - Execution and Proceedings Subsequent to Judgment(a) In General. Except as provided in Rule 403 herein, process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. (b) Execution for Costs. Whenever costs are finally awarded to a party by an order of any court, such party may have an execution therefor in like manner as upon a judgment. Whenever costs are awarded to a party by an appellate court, such party may have an execution for the same upon filing a remittance with the clerk of the court below, and it shall be the duty of such clerk, whenever the remittitur is filed, to issue the execution on application therefor. (c) Debtor of Judgment; Debtor May Pay Sheriff. After issuance of an execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of the debt, or so much as may be necessary to satisfy the execution, and the sheriff's receipt shall be sufficient discharge for the amount so paid. (d) Order for Debtor to Answer. At any time when execution may issue on a judgment, the judgment creditor shall be entitled to an order requiring the judgment debtor to answer such interrogatories concerning his property as shall be approved by the court. The interrogatories when so approved shall be mailed by the clerk to the judgment debtor, who shall answer the said interrogatories and mail or file them with the court within 14 days after receipt thereof by the judgment debtor. The interrogatories, upon approval, may also be served upon the judgment debtor in accordance with Rule 304. (e) Order for Interrogatories to Debtor of Judgment Debtor. At any time when execution may issue on a judgment, upon proof to the satisfaction of the court, by affidavit or otherwise, that any person or corporation has property of the judgment debtor or is indebted to the judgment creditor in an amount exceeding fifty dollars not exempt from execution, the court may order such person to answer such interrogatories as the court may approve touching upon the matters set forth in the affidavit of the judgment creditor. (f) Order for Property to be Applied on Judgment; Contempt. The court may order any property of the judgment debtor not exempt from execution in the hands of such debtor or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment. If any person, party or witness disobeys an order of the court properly made in proceedings under this Rule, he shall be punished by the court for contempt. Nothing in this Rule shall be construed to prevent an action in the nature of a creditor's bill. (g) Pattern Interrogatories - Use Automatically Approved. The pattern interrogatories set forth in Appendix to Chapter 25, Form Numbers 7 and 7A are approved, and as part of the judgment order, may be mailed by the clerk or served by the judgment creditor in accordance with rule 304 without any further order of court. Any proposed non-pattern interrogatory must be specifically approved by the court. (c) and (e) amended and effective and (g) added and effective 6/28/2007; (d) amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after 1/1/2012, pursuant to C.R.C.P. 1(b).