Your Legal Questions Answered

If you were awarded summary judgment in small claims court in Colorado and the defendant fled to Texas to avoid paying, you still have options to pursue the debt. First, you can continue to pursue any assets the defendant has in Colorado. If the defendant owns property or has bank accounts in Colorado, you can use your judgment to place liens or garnish these assets.

Additionally, you could domesticate the judgment in Texas. This process involves having the Texas courts recognize your Colorado judgment, allowing you to enforce it in Texas. The Full Faith and Credit Clause of the U.S. Constitution requires states to respect the judicial proceedings of other states. To domesticate the judgment, you will typically need to file a petition or application in a Texas court along with an authenticated copy of the Colorado judgment and an affidavit stating the amount remaining unpaid. (Since this is Texas law, you would need to speak to a Texas attorney on how to domesticate the judgment.)

Once the judgment is domesticated in Texas, you can pursue enforcement actions such as garnishment of wages or bank accounts, or placing liens on property owned by the defendant in Texas. This process ensures that your efforts to collect the debt can extend beyond state lines, giving you a broader scope for recourse.

I would recommend speaking with a Texas attorney to assist you since the defendant fled to Texas. If you believe the defendant still has assets in Colorado and you would like assistance please contact us.