reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 53 - UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 13-53-101 — 13-53-108) › Section 13-53-106 - Fees

(1)
(a)
On and after July 1, 2008, any person filing a foreign judgment shall pay to the clerk of the court two hundred one dollars.
(b)
Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgments of the courts of this state.
(c)
Each fee collected pursuant to subsection (1)(a) of this section shall be transmitted to the state treasurer and divided as follows:
(I)
Ninety dollars shall be deposited in the general fund;
(II)
Sixty dollars shall be deposited in the judicial stabilization cash fund created in section
13-32-101 (6)
;
(III)
Fifteen dollars shall be deposited in the justice center cash fund created in section
13-32-101 (7)(a)
;
(IV)
One dollar shall be deposited in the general fund pursuant to section
2-5-119
; and
(V)
Thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section
13-94-108 (1)
.
(2)
Notwithstanding the amount specified for the fee in subsection (1) of this section, the chief justice of the supreme court by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section
24-75-402 (3)
, C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the chief justice by rule or as otherwise provided by law may increase the amount of the fee as provided in section
24-75-402 (4)
, C.R.S.
Amended by 2019 Ch. 366, §5, eff. 7/1/2019.
L. 69: p. 564, § 1. C.R.S. 1963: § 77-13-6. L. 84: Entire section amended, p. 456, § 9, effective July 1. L. 95: Entire section amended, p. 741, § 5, effective 7/1/1997. L. 98: Entire section amended, p. 1330, § 39, effective June 1. L. 2003: (1) amended, p. 574, § 5, effective March 18. L. 2007: (1) amended, p. 1537, § 26, effective May 31. L. 2008: (1) amended, p. 2142, § 11, effective June 4. L. 2019: (1)(a), IP(1)(c), (1)(c)(III), and (1)(c)(IV) amended and (1)(c)(V) added, (HB 19-1045), ch. 3366, p. 3366, § 5, effective July 1.
Section 9 of chapter 366 (HB 19-1045), Session Laws of Colorado 2019, provides that the act changing this section applies to fees assessed on or after July 1, 2019.
For the legislative declaration contained in the 2008 act amending subsection (1), see section 1 of chapter 417, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 53 - UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 13-53-101 — 13-53-108) › Section 13-53-107 - Optional procedure

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.
L. 69: p. 564, § 1. C.R.S. 1963: § 77-13-7.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 53 - UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 13-53-101 — 13-53-108) › Section 13-53-108 - Uniformity of interpretation

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
L. 69: p. 564, § 1. C.R.S. 1963: § 77-13-8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54 - PROPERTY AND EARNINGS EXEMPT (§§ 13-54-101 — 13-54-107) › Section 13-54-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Debtor" means a person whose property or earnings are subject to attachment, execution, or garnishment.
(2)
"Dependent" means a person who receives more than one-half of his support from the debtor.
(2.5)
"Disabled debtor", "disabled spouse", or "disabled dependent" means a debtor, spouse, or dependent who has a physical or mental impairment that is disabling and that, because of other factors such as age, training, experience, or social setting, substantially precludes the debtor, spouse, or dependent from engaging in a useful occupation as a homemaker, a wage-earner, or a self-employed person in any employment that exists in the community for which he or she has competence.
(3)
Repealed.
(3.5)
"Elderly debtor", "elderly spouse", or "elderly dependent" means a debtor, spouse, or dependent who is sixty years of age or older.
(4)
"Household goods" means, by way of illustration, household furniture, furnishings, dishes, utensils, cutlery, tableware, napery, pictures, prints, appliances, stoves, microwave ovens, beds and bedding, freezers, refrigerators, washing machines, dryers, exercise equipment, musical instruments, bicycles, sewing machines, toys, and home electronics, including but not limited to cameras, television sets, radios, stereos, computers, facsimile machines, telephones, and other audio and video equipment.
(5)
"Value" means the fair market value of any property less the amount of any lien thereon valid as between the owner of the property and the holder of any such lien.
Amended by 2015 Ch. 301,§ 1, eff. 7/1/2015.
L. 59: p. 529, § 1. CRS 53: § 77-13-1. C.R.S. 1963: § 77-2-1. L. 81: Entire section R&RE, p. 892, § 1, effective July 1. L. 2000: (4) amended, p.715, § 1, effective May 23. L. 2007: (2.5) and (3.5) added and (4) amended, p. 875, § 2, effective May 14. L. 2015: (3) repealed, (SB 15-283), ch. 301, p. 1237, § 1, effective July 1.
For the legislative declaration contained in the 2007 act enacting subsections (2.5) and (3.5) and amending subsection (4), see section 1 of chapter 226, Session Laws of Colorado 2007.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54 - PROPERTY AND EARNINGS EXEMPT (§§ 13-54-101 — 13-54-107) › Section 13-54-102.5 - Child support payments - exemption

Any past or present child support obligation owed by a parent or child support payment made by a parent that is required by a support order is exempt from levy under writ of attachment or writ of execution for any debt owed by either parent.
Amended by 2022 Ch. 74,§7, eff. 4/7/2022.
L. 94: Entire section added, p. 1210, § 2, effective May 22.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54 - PROPERTY AND EARNINGS EXEMPT (§§ 13-54-101 — 13-54-107) › Section 13-54-103 - No exemption for purchase price

None of the property described in section
13-54-102
shall be exempt from levy and sale on writ of attachment or writ of execution for the purchase price of such property.
L. 59: p. 532, § 3. CRS 53: § 77-13-3. C.R.S. 1963: § 77-2-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54 - PROPERTY AND EARNINGS EXEMPT (§§ 13-54-101 — 13-54-107) › Section 13-54-105 - No exemption for taxes

Nothing in this article shall be construed to exempt any property of any debtor from sale for the payment of any taxes legally assessed.
L. 59: p. 532, § 5. CRS 53: § 77-13-5. C.R.S. 1963: § 77-2-5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54 - PROPERTY AND EARNINGS EXEMPT (§§ 13-54-101 — 13-54-107) › Section 13-54-106 - Exemptions applicable to all writs - exception for child support

The exemptions provided by this article shall extend and apply to writs of attachment, execution, and garnishment issued out of any court of record and by municipal courts, except those writs which are the result of a judgment taken for arrearages for child support or for child support debt which are subject to the exemptions set forth in section
13-54-104(3)
.
L. 59: p. 532, § 6. CRS 53: § 77-13-6. C.R.S. 1963: § 77-2-6. L. 64: p. 287, § 216. L. 86: Entire section amended, p. 728, § 11, effective July 1. L. 87: Entire section amended, p. 586, § 2, effective July 10.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54 - PROPERTY AND EARNINGS EXEMPT (§§ 13-54-101 — 13-54-107) › Section 13-54-107 - Exemptions in bankruptcy

The exemptions provided in section 522 (d) of the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, are denied to residents of this state. Exemptions authorized to be claimed by residents of this state shall be limited to those exemptions expressly provided by the statutes of this state.
L. 81: Entire section added, p. 894, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54.5 - GARNISHMENT (§§ 13-54.5-101 — 13-54.5-111) › Section 13-54.5-102 - Continuing garnishment - creation of lien

(1)
In addition to garnishment proceedings otherwise available pursuant to the laws of this state in any case in which a money judgment is obtained in a court of competent jurisdiction, the judgment creditor or its assignees are entitled, on notice to the judgment debtor required by section
13-54.5-105 (5)(b)
, to apply to the clerk of such court for garnishment against any garnishee. To the extent that the earnings are not exempt from garnishment, such garnishment is a lien and continuing levy upon the earnings due or to become due from the garnishee to the judgment debtor consistent and in accordance with the requirements of section
13-54.5-105 (6)
.
(2)
Garnishment pursuant to subsection (1) of this section is a lien and continuing levy against said earnings due for one hundred eighty-two days consistent and in accordance with the requirements of section
13-54.5-105 (6)
or for one hundred eighty-two days following the expiration of any writs with a priority pursuant to section
13-54.5-104
, but such lien is terminated earlier than one hundred eighty-two days if earnings are no longer due; the underlying judgment is vacated, modified, or satisfied in full; or the writ is dismissed; except that a continuing garnishment may be suspended for a specified period of time by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which the judgment was entered and a copy of which shall be delivered by the judgment creditor to the garnishee.
(2.5)
A garnishee is not required to collect, possess, or control the judgment debtor's tips, and any tips are not owed by a garnishee to a judgment creditor.
(3)
Garnishment pursuant to subsection (1) of this section shall apply only to proceedings against the earnings of a judgment debtor who is a natural person.
Amended by 2019 Ch. 214, §1, eff. 8/2/2019.
L. 84: Entire article added, p. 470, § 1, effective 1/1/1985. L. 85: (1) amended, p. 582, § 2, effective May 3. L. 88: (1) and (2) amended, p. 610, § 1, effective July 1. L. 2001: (2) amended, p. 35, § 1, effective August 8. L. 2012: (2) amended, (SB 12-175), ch. 826, p. 826, § 14, effective July 1. L. 2019: (1) and (2) amended and (2.5) added, (HB 19-1189), ch. 2223, p. 2223, § 1, effective August 2.
Section 7(2) of chapter 214 (HB 19-1189), Session Laws of Colorado 2019, provides that the act changing this section applies to all writs of garnishment issued on or after October 1, 2020, or the official declaration of the vote thereon by the governor if sent to a vote of the people, regardless of the dates of entry of the judgments upon which the writs of garnishment are based.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54.5 - GARNISHMENT (§§ 13-54.5-101 — 13-54.5-111) › Section 13-54.5-103 - Property or earnings subject to garnishment

(1)
Repealed.
(2)
Any indebtedness, intangible personal property, or tangible personal property capable of manual delivery, other than earnings, owned by the judgment debtor and in the possession and control of the garnishee at the time of service of the writ of garnishment upon the garnishee shall be subject to the process of garnishment.
(3)
Notwithstanding the provisions of subsection (2) of this section, the exemptions from garnishment required or allowed by law, including but not limited to exemptions provided by sections
13-54-102
and
13-54-104
and
15 U.S.C. sec. 1671
et seq., apply to all garnishments.
Amended by 2019 Ch. 214, §2, eff. 8/2/2019.
L. 84: Entire article added, p. 470, § 1, effective 1/1/1985. L. 96: (1) amended, p. 621, § 30, effective July 1. L. 2019: (1) repealed and (3) amended, (HB 19-1189), ch. 2224, p. 2224, § 2, effective August 2.
Section 7(2) of chapter 214 (HB 19-1189), Session Laws of Colorado 2019, provides that the act changing this section applies to all writs of garnishment issued on or after October 1, 2020, or the official declaration of the vote thereon by the governor if sent to a vote of the people, regardless of the dates of entry of the judgments upon which the writs of garnishment are based.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54.5 - GARNISHMENT (§§ 13-54.5-101 — 13-54.5-111) › Section 13-54.5-104 - Priority between multiple garnishments

(1)
(a)
Only one writ of continuing garnishment against earnings due the judgment debtor shall be satisfied at one time. When more than one writ of continuing garnishment has been issued against earnings due the same judgment debtor, they shall be satisfied in the order of service on the garnishee. Except as provided in this subsection (1), a lien and continuing levy obtained pursuant to this article shall have priority over any subsequent garnishment lien or wage attachment.
(b)
Where a continuing garnishment has been suspended for a specific period of time by agreement of the parties pursuant to the provisions of section
13-54.5-102 (2)
, such suspended continuing garnishment shall have priority over any writ of continuing garnishment served on the garnishee after such suspension has expired.
(c)
(I)
Notwithstanding any other provision of this subsection (1), a continuing garnishment obtained pursuant to section
14-14-105
, C.R.S., for the satisfaction of debts or judgments for child support shall have priority over any other continuing garnishment.
(II)
Notwithstanding any other provision of this subsection (1), a continuing garnishment obtained pursuant to section
26-2-128 (1)(a)
or section
26.5-4-116 (1)
for the satisfaction of a judgment for fraudulently obtained public assistance or child care assistance or fraudulently obtained overpayments has priority over any other continuing garnishment other than a garnishment for collection of child support pursuant to subsection (1)(c)(I) of this section.
(2)
(a)
Any writ of continuing garnishment served upon a garnishee while any previous writ is still in effect shall be answered by the garnishee with a statement that he has been served previously with one or more writs of continuing garnishment against earnings due the judgment debtor and specifying the date on which all such liens are expected to terminate.
(b)
Upon the termination of a lien and continuing levy obtained pursuant to this article, any other writ of continuing garnishment which has been issued or which is issued subsequently against earnings due the judgment debtor shall have priority in the order of service on the garnishee, and no priority shall be given to any previous continuing lienholder whose lien has terminated. The person who serves a writ of continuing garnishment on a garnishee shall note the date and time of such service.
Amended by 2022 Ch. 123, §29, eff. 7/1/2022.
L. 84: Entire article added, p. 471, § 1, effective 1/1/1985. L. 94: (1)(c) amended, p. 2062, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54.5 - GARNISHMENT (§§ 13-54.5-101 — 13-54.5-111) › Section 13-54.5-108.5 - Garnishee not required to assert exemption

A garnishee shall not be required to deduct, set up, or plead any exemption for or on behalf of a judgment debtor, except as set forth in the writ.
L. 2006: Entire section added, p. 579, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54.5 - GARNISHMENT (§§ 13-54.5-101 — 13-54.5-111) › Section 13-54.5-109 - Hearing on objection or claim of exemption

(1)
(a)
Upon the filing of an objection pursuant to section
13-54.5-108 (1)(a)
or the filing of a claim of exemption pursuant to section
13-54.5-108 (1)(b)
, the court in which the judgment was entered shall set a time for the hearing of such objection or claim, which shall be not more than fourteen days after filing. The clerk of the court where such objection or claim is filed shall immediately inform the judgment creditor or his or her attorney of record and the judgment debtor or his or her attorney of record by telephone, by mail, or in person of the date set for such hearing.
(b)
The certificate of the clerk of the court that service of notice of such hearing has been made in the manner and form stated in paragraph (a) of this subsection (1), which certificate has been attached to the court file, shall constitute prima facie evidence of such service, and such certificate of service filed with the clerk of the court is sufficient return of such service.
(2)
Upon such hearing, the court shall summarily try and determine whether the amount of the judgment debtor's exempt earnings was correctly calculated by the garnishee or whether the property held by the garnishee is exempt and shall enter an order or judgment setting forth the determination of the court. If the amount of exempt earnings is found to have been miscalculated or if said property is found to be exempt, the court shall order the clerk of the court to remit the amount of over-garnished earnings, or the garnishee to remit such exempt property, to the judgment debtor within seven days.
(3)
Where the judgment debtor moves the court to hear an objection or claim of exemption within the time provided by section
13-54.5-108 (3)
and the judgment giving rise to such claim has been satisfied against property or earnings of the judgment debtor, the court shall hear and summarily try and determine whether the amount of the judgment debtor's earnings paid to the judgment creditor was correctly calculated and whether the judgment debtor's property sold in execution was exempt and shall issue an order setting forth the determination of the court. If such amount of earnings is found to have been miscalculated or if such property is found to be exempt, the court shall order the judgment creditor to remit the amount of the over-garnished earnings or such exempt property or the value thereof to the judgment debtor within seven days.
(4)
Any order or judgment entered by the court as provided for in subsections (2) and (3) of this section is a final judgment or order for the purpose of appellate review.
L. 84: Entire article added, p. 474, § 1, effective 1/1/1985. L. 2012: (1)(a), (2), and (3) amended, (SB 12-175), ch. 208, p. 827, § 17, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54.5 - GARNISHMENT (§§ 13-54.5-101 — 13-54.5-111) › Section 13-54.5-110 - No discharge from employment for any garnishment - general prohibition

(1)
No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to any garnishment or like proceeding directed to the employer for the purpose of paying any judgment.
(2)
If an employer discharges an employee in violation of the provisions of this section, the employee may, within ninety-one days, bring a civil action for the recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall be lost wages not to exceed six weeks, costs, and reasonable attorney fees.
L. 84: Entire article added, p. 475, § 1, effective 1/1/1985. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 828, § 18, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 54.5 - GARNISHMENT (§§ 13-54.5-101 — 13-54.5-111) › Section 13-54.5-111 - Supreme court rules

The practice and procedure in garnishment actions instituted pursuant to this article, and all forms in connection therewith, shall be in accordance with rules prescribed by the supreme court pursuant to article
2
of this title.
L. 84: Entire article added, p. 475, § 1, effective 1/1/1985.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-101 - Defendant to file written claim

Except in cases of garnishment pursuant to article
54.5
of this title, in cases where a sheriff or other officer by virtue of a writ of execution, writ of attachment, or other order of court issued by a court of record or clerk thereof levies upon, seizes, or takes into his possession any property of the defendant debtor, which said property, or part thereof, the defendant claims as exempt under the provisions of the statutes of the state, said defendant debtor, within fourteen days after being served with notice of such levy or seizure, shall make and file with the clerk of the court of record out of which such writ of execution, writ of attachment, or other order was issued a written claim of such exemption setting forth with reasonable detail the description of the property so claimed to be exempt together with the grounds of such claim of exemption.
L. 35: p. 244, § 1. CSA: C. 93, § 30. CRS 53: § 77-4-1. C.R.S. 1963: § 77-4-1. L. 64: p. 283, § 205. L. 85: Entire section amended, p. 582, § 3, effective May 3. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 828, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-102 - Service of notice of levy

Notice of such levy or seizure of any property under a writ of execution, writ of attachment, or other order of court shall be served upon the defendant debtor by delivering a copy of such notice to the defendant debtor personally or by leaving a copy of such notice at the usual abode of the defendant debtor with some member of his family over the age of fifteen years. In the event the defendant is a nonresident, or absent from the state or conceals himself or herself so personal service cannot be had upon him or her, then service of such notice of levy or seizure shall be made by publication thereof for a period of fourteen days in some newspaper published in the county in which said property was so levied upon or seized, or, if there is no newspaper published in such county, then like publication shall be made in a newspaper in an adjoining county, and the clerk of the court of record shall mail a copy of such notice to the defendant debtor directed to him or her at his or her last-known address, postage prepaid. Such notice, with proof of service thereof and, in case of publication, affidavit of publication and affidavit of mailing of notice shall be filed with the clerk of the court of record from which such writ of execution, writ of attachment, or other order of court was issued.
L. 35: p. 245, § 2. CSA: C. 93, § 31. CRS 53: § 77-4-2. C.R.S. 1963: § 77-4-2. L. 64: p. 283, § 206. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 828, § 20, effective July 1.
For requirements of publication of notice, as required by this section, see § 24-70-106.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-103 - Proceedings for sale stayed

Upon the filing of a written claim of exemption, all further proceedings with relation to the sale or other disposition of said property shall be stayed until the matter of such claim of exemption is determined.
L. 35: p. 245, § 3. CSA: C. 93, § 32. CRS 53: § 77-4-3. C.R.S. 1963: § 77-4-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-104 - Hearing on claim

(1)
Upon the filing of such claim of exemption, the court of record shall set a time for the hearing of such claim of exemption, which shall not be less than seven days nor more than fourteen days thereafter. A written notice of the time and place of such hearing shall be given by the defendant or his or her attorney to the officer who made such levy or seizure, and to the plaintiff in said action or his or her attorney of record, by leaving a copy of such notice with said officer or his deputy at his office and by leaving a copy thereof with the plaintiff or his or her attorney of record, or notice may be given to the plaintiff by mailing a copy of such notice of hearing to the attorney of record of the plaintiff at least seven days in advance of date set for the hearing.
(2)
The affidavit of the defendant or his attorney that service of notice of such hearing has been made in the manner and form stated, attached to the original notice, shall constitute prima facie evidence of such service, and such affidavit of service filed with the clerk of the court is sufficient return of such service. Such hearing may be continued from time to time in the discretion of the court. In case of the absence of the district judge from the county in which said claim of exemption has been filed with the clerk of the district court or in case of other inability of the district judge to act, the county judge of such county if possessing the qualifications of a district judge in cases of claims for exemption arising therein may set the time of hearing and hear and determine such claims, sitting as a judge of the district court, and his judgment, findings, or orders entered therein shall be of the same force and effect as though made by the district judge.
L. 35: p. 246, § 4. CSA: C. 93, § 33. CRS 53: § 77-4-4. C.R.S. 1963: § 77-4-4. L. 64: p. 284, § 207. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 829, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-105 - Court enters order or judgment

Upon such hearing, the court shall summarily try and determine the question as to whether or not the property, or any part thereof, so levied upon, seized, and taken into possession by the officer making such levy, as set forth in said written claim of exemption, is exempt and shall enter an order or judgment setting forth the determination of the court. If any of said property is found to be exempt, the court shall order the sheriff or other officer to return such property so found to be exempt to the defendant within forty-eight hours, unless same is ordered sold as provided in section
13-55-109
.
L. 35: p. 247, § 5. CSA: C. 93, § 34. CRS 53: § 77-4-5. C.R.S. 1963: § 77-4-5. L. 64: p. 284, § 208.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-106 - Order or judgment is final

Any order or judgment entered by the court as provided for by section
13-55-105
is a final judgment or order for the purpose of appellate review.
L. 35: p. 247, § 6. CSA: C. 93, § 35. CRS 53: § 77-4-6. C.R.S. 1963: § 77-4-6. L. 64: p. 284, § 209.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-107 - Failure to claim - effect

In case the defendant debtor fails to make written claim of exemption as provided in section
13-55-101
, he conclusively waives his right of exemption under the statutes of this state and has no right of action against the officer making such levy or seizure or against the plaintiff on account of such levy or seizure on the ground of levying upon exempt property.
L. 35: p. 247, § 7. CSA: C. 93, § 36. CRS 53: § 77-4-7. C.R.S. 1963: § 77-4-7.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-108 - Damages

If, after hearing of claim of exemption, the court determines that the property levied upon and seized, or any part thereof, is exempt and the officer making the levy in all matters obeys and abides by the order or judgment of the court, no right of action for other than actual damages suffered by the defendant shall exist against said officer or the plaintiff on account of such levy or seizure upon the ground of levying upon or seizure of exempt property. If such officer does not return the property seized and so found to be exempt within forty-eight hours, unless same is ordered sold as provided in section
13-55-109
, then he is liable in damages for three times the value of the property seized.
L. 35: p. 247, § 8. CSA: C. 93, § 37. CRS 53: § 77-4-8. C.R.S. 1963: § 77-4-8. L. 64: p. 285, § 210.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-109 - Court may order sale - proceeds

In case the court finds that a portion of such property is exempt to such value as is by statute fixed as being exempt but that the property seized is of a greater value and said property so seized cannot be readily divided, the court may order said property to be sold, and out of the first proceeds of said sale the defendant debtor shall be paid the amount, as is provided by statute, of his exemption. The disposal of the balance of the proceeds of said sale shall await the further order of the court. If such property is divisible, the court shall fix the value of each item thereof and shall require the defendant to select therefrom such items as the defendant may choose of an aggregate value not to exceed the amount of his exemptions, and the disposal of the balance of such property shall await the further order of the court. No sale of property seized or levied upon under a writ of attachment shall be ordered sold until after final judgment in said action has been rendered in favor of the plaintiff.
L. 35: p. 248, § 9. CSA: C. 93, § 38. CRS 53: § 77-4-9. C.R.S. 1963: § 77-4-9. L. 64: p. 285, § 211.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 55 - METHOD OF CLAIMING EXEMPTION (§§ 13-55-101 — 13-55-110) › Section 13-55-110 - Appeals

Appellate review may be had from the final order or judgment entered in pursuance of this article as in other cases.
L. 35: p. 248, § 10. CSA: C. 93, § 39. CRS 53: § 77-4-10. C.R.S. 1963: § 77-4-10.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 56 - LEVY AND SALE - REAL ESTATE (§§ 13-56-101 — 13-56-201) › Part 1 - CERTIFICATES OF LEVY (§§ 13-56-101 — 13-56-104) › Section 13-56-101 - Certificate of levy - notice

When in any case a writ of attachment or a writ of execution is issued from any district or county court and a levy thereunder is made upon real estate, it is the duty of the sheriff or officer making the levy to file a certificate of such fact with the recorder of the county where such real estate is situate, and, from and after the filing, such levy shall take effect as to creditors and bona fide purchasers without notice and not before.
L. 19: p. 295, § 1. C.L. § 5932. CSA: C. 93, § 40. CRS 53: § 77-5-1. C.R.S. 1963: § 77-5-1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 56 - LEVY AND SALE - REAL ESTATE (§§ 13-56-101 — 13-56-201) › Part 1 - CERTIFICATES OF LEVY (§§ 13-56-101 — 13-56-104) › Section 13-56-102 - Writs from other county

Writs of attachment and writs of execution may issue from any district or county court of any county to the sheriff or other proper officer of such county or any other county, and, when in such cases a levy is made upon real estate in such other county, it is the duty of the sheriff or other officer making such levy to file a certificate of such fact with the recorder of his county, and, from and after the filing of the same, such levy shall take effect as to creditors and bona fide purchasers without notice and not before.
L. 19: p. 295, § 2. C.L. § 5933. CSA: C. 93, § 41. CRS 53: § 77-5-2. C.R.S. 1963: § 77-5-2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 56 - LEVY AND SALE - REAL ESTATE (§§ 13-56-101 — 13-56-201) › Part 1 - CERTIFICATES OF LEVY (§§ 13-56-101 — 13-56-104) › Section 13-56-103 - Lien of six years' duration

The lien of an attachment or execution levied on real estate shall continue for six years from the filing of the certificate thereof, as provided in section
13-56-101
, unless the same is sooner released or discharged or unless the judgment in the case is satisfied.
L. 19: p. 295, § 3. C.L. § 5934. CSA: C. 93, § 42. CRS 53: § 77-5-3. C.R.S. 1963: § 77-5-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 56 - LEVY AND SALE - REAL ESTATE (§§ 13-56-101 — 13-56-201) › Part 1 - CERTIFICATES OF LEVY (§§ 13-56-101 — 13-56-104) › Section 13-56-104 - Recorder to file and record

It is the duty of the recorder of the proper county to file and record the certificates mentioned in this part 1 in a book to be kept for that purpose, for which he shall be entitled to the same fees as for recording other papers, to be paid by the plaintiff in such execution or attachment and taxed and collected by the sheriff as other costs.
R.S. p. 378, § 26. G.L. omitted. G.S. § 1885. R.S. 08: § 3639. C.L. § 5937. CSA: C. 93, § 45. CRS 53: § 77-5-4. C.R.S. 1963: § 77-5-4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 56 - LEVY AND SALE - REAL ESTATE (§§ 13-56-101 — 13-56-201) › Part 2 - SALE OF LANDS (§ 13-56-201) › Section 13-56-201 - Hours - notice - penalty - irregularity

(1)
No lands or tenements shall be sold by virtue of any execution unless such sale is at public venue and between the hours of nine in the morning and the setting of the sun on the same day nor unless the time and place of holding such sale has been previously advertised for the space of twenty days, by publishing notices of the time and place thereof in some daily or weekly newspaper printed and published in the county where such lands and tenements are situate or, if there is no such newspaper printed in the county, by posting such notices, printed or written, or partly printed and partly written, in three of the most public places in the county where the lands may be situated specifying the names of the plaintiff and defendant in the execution. In all such notices, the lands or tenements to be sold shall be described with reasonable certainty by setting forth their number or by some other appropriate description, and such notices shall comply with section
24-70-109
, C.R.S.
(2)
If any sheriff or other officer sells any lands or tenements by virtue of any such execution, otherwise than in the manner aforesaid, or without such previous notice, the sheriff or other officer so offending shall forfeit and pay the sum of fifty dollars for every offense to be recovered, with costs of suit, in any court of record in this state by the person whose lands were advertised and sold. No such offense nor any irregularity on the part of the sheriff or other officer having the execution shall affect the validity of any sale made under it, unless it appears that the purchaser had notice of such irregularity.
R.S. p. 372, § 11. G.L. § 1417. G.S. § 1849. R.S. 08: § 3641. C.L. § 5939. CSA: C. 93, § 47. CRS 53: § 77-6-1. C.R.S. 1963: § 77-6-1. L. 88: (1) amended, p. 977, § 2, effective May 6.
For sales on execution and lien foreclosures, see article 38 of title 38; for general requirements of publication, see § 24-70-106.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 57 - SALE OF CHATTELS (§§ 13-57-101 — 13-57-103) › Section 13-57-101 - Ten days' notice of sale

No goods or chattels shall be sold by virtue of any execution unless previous notice of such sale has been given for at least ten days successively in the same manner as required in the sale of real estate upon execution.
R.S. p. 379, § 29. G.L. § 1430. G.S. § 1862. R.S. 08: § 3649. C.L. § 5947. CSA: C. 93, § 57. CRS 53: § 77-7-1. C.R.S. 1963: § 77-7-1.
For procedure for sale of real estate upon execution, see § 13-56-201.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 57 - SALE OF CHATTELS (§§ 13-57-101 — 13-57-103) › Section 13-57-102 - Future delivery bond - conditions

When a sheriff or other officer has levied an execution, issued out of any court of record, upon the personal property of a defendant, or is about to make such levy and the defendant is desirous of retaining the property in his possession, such sheriff shall take a bond from the defendant with security that the property shall be forthcoming or delivered at such time and place as is named in the condition and that the property shall not be disposed of nor injured. A bond so taken shall not be considered void as taken by color of office.
R.S. p. 379, § 30. G.L. § 1431. G.S. § 1863. R.S. 08: § 3650. C.L. § 5948. CSA: C. 93, § 58. CRS 53: § 77-7-2. C.R.S. 1963: § 77-7-2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 57 - SALE OF CHATTELS (§§ 13-57-101 — 13-57-103) › Section 13-57-103 - Breach of bond - levy on security - sale

Where bonds are taken by a sheriff for the future delivery of property and the defendant or his security does not return the property named in the bond conformably to the condition thereof, the officer having such execution may proceed to execute the same in the same manner as if no levy had been made. In case the defendant's property, or a sufficiency thereof, cannot be found, the officer may proceed to levy on so much of the property of the security in the delivery bond as will make the amount called for in such bond. The property which may be so taken may be sold, by giving notice thereof, as prescribed in section
13-57-101
, and no future delivery bond shall be allowed.
R.S. p. 379, § 31. G.L. § 1432. G.S. § 1864. R.S. 08: § 3651. C.L. § 5949. CSA: C. 93, § 59. CRS 53: § 77-7-3. C.R.S. 1963: § 77-7-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 58 - DEATH OF PARTIES (§§ 13-58-101 — 13-58-105) › Section 13-58-101 - Death of debtor - filing claim

When a judgment is obtained in any court of record in this state against any person who after the rendition of said judgment dies, a claim based upon such judgment may be filed against the estate of the deceased judgment debtor without first reviving the judgment against his heirs or personal representatives.
R.S. p. 381, § 37. G.L. § 1438. G.S. § 1871. R.S. 08: § 3659. C.L. § 5957. CSA: C. 93, § 67. L. 45: p. 423, § 1. CRS 53: § 77-8-1. C.R.S. 1963: § 77-8-1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 58 - DEATH OF PARTIES (§§ 13-58-101 — 13-58-105) › Section 13-58-102 - Execution to issue after one year

When any judgment becomes a lien and the defendant dies before execution is issued thereon, the remedy of the person in whose favor the judgment has been rendered shall not be delayed nor suspended by reason of the nonage of any heir of such defendant. No execution shall issue upon such judgment until the expiration of one year after the death of the defendant, nor shall any law of this state which gives no preference to the claims of a creditor of a deceased debtor be so construed as to impair or affect the lien of any judgment.
R.S. p. 371, § 2. G.L. § 1410. G.S. § 1842. R.S. 08: § 3660. C.L. § 5958. CSA: C. 93, § 68. CRS 53: § 77-8-2. C.R.S. 1963: § 77-8-2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 58 - DEATH OF PARTIES (§§ 13-58-101 — 13-58-105) › Section 13-58-103 - Death of plaintiff - substitution

The collection of the judgments of courts of record shall not be delayed nor hindered by the death of the plaintiff or person in whose name the judgment exists, but the executor or administrator, as the case may be, may cause the letters testamentary or of administration to be recorded in the court in which the judgment exists, after which execution may issue and proceedings had thereon in the name of the executor or administrator as such, in the same manner that could or might be done, if the judgment exists or remains in the name and in favor of the executor or administrator in his capacity as such executor or administrator.
R.S. p. 382, § 40. G.L. § 1441. G.S. § 1872. R.S. 08: § 3661. C.L. § 5959. CSA: C. 93, § 69. CRS 53: § 77-8-3. C.R.S. 1963: § 77-8-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 58 - DEATH OF PARTIES (§§ 13-58-101 — 13-58-105) › Section 13-58-104 - Lien of judgment not abated by death

The lien created by law on property shall not abate or cease by reason of the death of any plaintiff, but the same shall survive in favor of the executor or administrator of the testator or intestate, whose duty it is to have the judgment enforced in the manner provided in section
13-58-103
.
R.S. p. 382, § 41. G.L. § 1442. G.S. § 1873. R.S. 08: § 3662. C.L. § 5960. CSA: C. 93, § 70. CRS 53: § 77-8-4. C.R.S. 1963: § 77-8-4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 58 - DEATH OF PARTIES (§§ 13-58-101 — 13-58-105) › Section 13-58-105 - Administrator to buy on execution

When it is necessary in order to secure the collection of any judgment in favor of any executor or administrator, it is the duty of such executor or administrator to bid for and become the purchaser of real estate at a sheriff's sale, which real estate so purchased shall be assets in his hands and may be again sold by him upon the order of the court of probate, and the moneys arising from such sale shall be paid over and accounted for as other moneys in his hands.
R.S. p. 382, § 42. G.L. § 1443. G.S. § 1874. R.S. 08: § 3663. C.L. § 5961. CSA: C. 93, § 71. CRS 53: § 77-8-5. C.R.S. 1963: § 77-8-5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 59 - EXECUTION AGAINST THE BODY (§§ 13-59-101 — 13-59-105) › Section 13-59-101 - No imprisonment for debt

There shall be no imprisonment or arrest for debt in this state in any case upon any contract, expressed or implied.
R.S. p. 358, § 1. G.L. § 1351. G.S. § 1646. R.S. 08: § 3022. C.L. § 5962. CSA: C. 93, § 72. CRS 53: § 77-9-1. C.R.S. 1963: § 77-9-1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 59 - EXECUTION AGAINST THE BODY (§§ 13-59-101 — 13-59-105) › Section 13-59-102 - Execution against the body

No execution shall issue against the body of any defendant in a civil action.
G.L. § 1589. G.S. § 1648. R.S. 08: § 3023. C.L. § 5963. CSA: C. 93, § 73. CRS 53: § 77-9-2. C.R.S. 1963: § 77-9-2. L. 95: Entire section amended, p. 16, § 6, effective March 9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 59 - EXECUTION AGAINST THE BODY (§§ 13-59-101 — 13-59-105) › Section 13-59-103 - [Repealed]

G.L. § 1590. G.S. § 1649. R.S. 08: § 3024. L. 21: p. 310, § 1. C.L. § 5964. CSA: C. 93, § 74. CRS 53: § 77-9-3. C.R.S. 1963: § 77-9-3. L. 64: p. 286, § 212. L. 95: Entire section repealed, p. 16, § 2, effective March 9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 59 - EXECUTION AGAINST THE BODY (§§ 13-59-101 — 13-59-105) › Section 13-59-104 - [Repealed]

G.L. § 1591. G.S. § 1650. R.S. 08: § 3025. C.L. § 5965. CSA: C. 93, § 75. CRS 53: § 77-9-4. L. 64: p. 286, § 213. C.R.S. 1963: § 77-9-4. L. 95: Entire section repealed, p. 15, § 3, effective March 9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 59 - EXECUTION AGAINST THE BODY (§§ 13-59-101 — 13-59-105) › Section 13-59-105 - [Repealed]

G.L. § 1592. G.S. § 1651. R.S. 08: § 3026. C.L. § 5966. CSA: C. 93, § 76. CRS 53: § 77-9-5. C.R.S. 1963: § 77-9-5. L. 95: Entire section repealed, p. 15, § 4, effective March 9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 61 - GARNISHMENT OF PUBLIC SERVANTS (§§ 13-61-101 — 13-61-105) › Section 13-61-101 - Funds subject to garnishment

The state of Colorado, municipal corporations, quasi-municipal corporations, and any officer, board, or commission thereof, having the control of the disbursing of any fund, whether the same be derived from appropriations, levies, fees, licenses, special taxes, or otherwise within the state of Colorado, shall be subject to garnishment upon writs of attachment and execution in the same manner as private corporations are subject to garnishment under such writs; except that the state of Colorado shall not be subject to garnishment regarding salaries or fees due to any officer designated as such and whose salary or fees are fixed by the provisions of the constitution of the state of Colorado.
L. 27: p. 374, § 1. Code 35: § 132A. CRS 53: § 77-12-1. C.R.S. 1963: § 77-12-1.