County District Court No. 07CV226 Honorable Edward C. Moss,
Janeway Law Firm P.C., Lynn M. Janeway, Elizabeth S. Marcus,
David R. Doughty, Alison L. Berry, Denver, Colorado, for
Sweetbaum Sands Anderson PC, Geoffrey P. Anderson, Reagan
Larkin, Denver, Colorado; Navaro & Associates LLC, Steven
Navaro, Castle Rock, Colorado, for Defendant-Appellee.
1 In this dispute over the efforts of plaintiff, Franklin
Credit Management Corporation,  to execute on its judgment
against defendant, Raul Galvan, we are asked to consider
whether a valid judgment lien is a prerequisite to obtaining
a writ of execution. Because we conclude it is not, we
reverse the district court's order setting aside Franklin
Credit's writ of execution as well as the related order
awarding attorney fees and costs to Mr. Galvan, and we remand
for further proceedings.
Background and Procedural History
2 The undisputed facts, as alleged in the pleadings, show
that Franklin Credit obtained a $43, 037 default judgment
against Mr. Galvan in 2007. Franklin Credit then recorded a
transcript of the default judgment with the Adams County
Clerk and Recorder, creating a judgment lien on Mr.
Galvan's nonexempt real property in Adams County.
Franklin Credit, however, didn't execute on the judgment,
and the judgment lien expired in 2013. All agree that
Franklin Credit did not continue (or revive) the judgment
3 In 2016, Franklin Credit re-recorded the transcript of
judgment with the Adams County Clerk and Recorder but did not
revive its judgment. Two years after that, Franklin Credit
obtained a writ of execution and delivered it to the Adams
County Sheriff. As required, the sheriff recorded a
certificate of levy with the Adams County Clerk and Recorder
and then personally served Mr. Galvan with the notice of levy
and the writ of execution.
4 Mr. Galvan moved to set aside the writ of execution,
arguing that because the judgment lien had expired in 2013
and had not been revived, Franklin Credit's writ of
execution was "improper." Franklin Credit responded
that, even though the judgment lien had expired, the judgment
was "still valid," and it had the right to execute
on the judgment by certificate of levy.
5 The district court granted Mr. Galvan's motion and
entered an order setting aside the writ of execution. In
doing so, it agreed that Franklin Credit's judgment lien
had expired and had not been revived. The court did not
consider, however, Franklin Credit's argument that a
judgment lien was not required and that it could execute on
its judgment by writ of execution and certificate of
6 Mr. Galvan then requested his attorney fees and costs,
arguing Franklin Credit's position was substantially
frivolous and groundless. The district court agreed and
granted Mr. Galvan's request, finding frivolous Franklin
Credit's opposition to Mr. Galvan's motion to set
aside the writ of execution.
7 Franklin Credit contends that because a judgment lien is
not a "necessary prerequisite to a writ of
execution," the district court erred in setting the writ
aside based on the expired judgment lien. We agree and
therefore reverse the district court's order setting
aside the writ of execution.
Standard of Review
8 We review de novo an issue of statutory interpretation.
Sec. Credit Servs., LLC v. Hulterstrom, 2019 COA 7,
¶ 8. In doing so, we seek to effectuate the
legislature's intent and purpose. Perfect Place, LLC
v. Semler, 2018 CO 74, ¶ 40. We begin by looking to
the statutory language, giving the words and phrases their
plain and ordinary meanings. Sec. Credit Servs.,
¶ 8. When this language is clear, we go no further.
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