An assignee named and qualified under this article 10 is deemed to be an officer of court. Any interference with the assignee in the discharge of the assignee's duties is contempt of court, and a suit against the assignee in relation to or concerning the property assigned shall not be instituted against the assignee unless the plaintiff first obtains permission of the court within and for the county in which the assignment is made.
Source: L. 1897: p. 95, § 7. R.S. 08: § 180. C.L. § 6247. CSA: C. 12, § 7. CRS 53: § 11-1-7. C.R.S. 1963: § 11-1-7. L. 2026: Entire section amended, (HB 26-1426), ch. 334, p. 2008, § 45, effective August 12.
ANNOTATION
An assignee is an officer of the court and responsible for an accounting to the court, the debtors, and the debtor's creditors. People v. Radinsky, 176 Colo. 357, 490 P.2d 951 (1971).
Subject to court supervision. The assignee is, in respect of the property in his hands, at all times subject to the order and supervision of the court or its judge. Taub v. McClelland-Colt Comm'n Co., 10 Colo. App. 190, 51 P. 168 (1897).
When and how an assignee may be proceeded against in relation to the property or its proceeds is in the discretion of the court, and there can be no interference with that discretion unless in case of its abuse. Taub v. McClelland-Colt Comm'n Co., 10 Colo. App. 190, 51 P. 168 (1897).
And where a creditor seizes property which a debtor has assigned to the court, the proper remedy is a citation for contempt under this section. In re Carlson's for Music, Inc. v. Gould, 176 Colo. 172, 489 P.2d 1038 (1971).