Notice of Lien by Court Order

Any action or proceeding in any court of Colorado in which child support is ordered and a judgment is due and not paid, a notice of Lien shall be filed. C.R.S. 14-10-122. The notice of lien shall contain the following information:

• The name and address of the child support enforcement unit and the name of the person whose favor a promise is made (obligee).

• The name, social security number, and last-known address of the person who is bound to perform the promise (obligor).

• The year, make and vehicle identification number (VIN) of any motor vehicle.

• The county and court case number of the court of record that issued the order of current child support, child support 

• debt, retroactive child support, child support arrearages, child support when combined with maintenance, or vehicles.

Liens on motor vehicles shall remain in effect for the same period of time as any other lien on motor vehicles, or until all past due amounts are paid. Whichever occurs first shall have priority from the time the lien is filed for public record and noted on the owner’s certificate of title over all unfiled and all subsequent filed liens.

The child support enforcement unit shall not be exempt from the payment of filing fees charged by the department for the filing of either the notice of lien or the release of lien.

If the current title is held by a lienholder, contact the lienholder to request the title be sent for the filing of the notice of lien by court order. If the title is held by the owner of record and refuses to submit the title, a direct court order to issue a title is needed.

Letters of Testamentary (There Is A Will)

Definition: Court order giving authority and appointing an executor by the proper court empowering him/her to enter upon the discharge of his/her office as executor.

Letters of Testamentary are the actual appointment. Letters of Testamentary is used in conjunction with signature of the executor on assignment of title. (See Assignments) Letters of Testamentary must contain the following:

• Reference court of issuance

• State the name of the deceased

• Appointment of the Executor

• Signature of court official such as:

  • Judge

  • Referee

  • Clerk of the Court

  • Stamped signature of the Judge certified and signed by the clerk of the court; or

  • Electronically filed (e-file) court order.

Letters of Guardianship

Definition:  A commission placing a ward’s property in the care of a guardian or custodian.  Letters of Guardianship are to be used in conjunction with the signature of the guardian or custodian on the assignment of title. (See  Assignments)

Letters of Guardianship must contain the following:

• Reference court of issuance

• Name of ward

• Appointment of Guardian or Custodian

• Signature of court official such as:

  • Judge

  • Referee

  • Clerk of the Court

  • Stamped signature of the Judge certified and signed by the clerk of the court; or

  • Electronically filed (e-file) court order.

Assignment of Titles Involving Divorce

Court Order Awarding Vehicle

When a title is in joint ownership in the name of a married couple and there has been a divorce, the joint owner who was not awarded the vehicle must assign their interest in the vehicle to the other joint owner. Only the signature of the owner assigning their interest is required, providing the other joint owner’s name is remaining the same and no additional owners are being added to the new title. The Court Order must describe the vehicle by year, make, VIN. A copy is acceptable.

Court Order Divesting Interest in a Vehicle

When the divorce decree specifically states that one owner is awarded the vehicle, no signature is required from the person not awarded the vehicle. The divorce decree must describe the vehicle by year, make, VIN and accompany the application for title. A copy is acceptable.

If the divorce decree states that the person not awarded the vehicle must sign over ownership or release interest in the vehicle, a signature from that person is required.

Court Order Authorizing Clerk of the Court in a Divorce

When one of the owners is not available or refuses to sign the title, the court may authorize the Clerk of the Court to sign or give power of attorney to transfer the title. The Court Order must describe the vehicle by year, make, VIN. A copy is acceptable.

Direct Court Order in a Divorce

The court may issue a direct order directing the State of Colorado (or authorized agents) to issue a title to one of the parties.  Court Orders must describe vehicle by year, make and VIN, and must accompany the application for title. A copy is acceptable.