Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-20-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Customer means any person who: (a) Hires a molder to fabricate, cast, or otherwise prepare a die, tool, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise maki…
Colo. Rev. Stat. § 38-20-103 Pet animal contract to be filed
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All contracts, or copies thereof, made by the owner of any pet animal with any other person, including a feeder, for the caring for the same for pay, or on shares, or in any other manner may be filed with the county clerk and recorder of the county where the owners or either of t…
Colo. Rev. Stat. § 38-20-104 Landlord to retain property - sale. (Repealed)
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Source: L. 1889: p. 188, � 4. R.S. 08: � 3006. C.L. � 6430. L. 29: p. 441, � 2. CSA: C. 101, � 3. CRS 53: � 86-1-3. C.R.S. 1963: � 86-1-3. L. 71: p. 950, � 2. L. 75: Entire section repealed, p. 1419, � 9, effective April 24.
Colo. Rev. Stat. § 38-20-105 Lien of common carrier
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(1) Except as provided in subsection (2) of this section, every common carrier of goods or passengers who, at the request of the owner of any personal goods, carries, conveys, or transports the same from one place to another and every other person who safely keeps or stores any p…
Colo. Rev. Stat. § 38-20-106 Lien for labor
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Any mechanic or other person who makes, alters, repairs, or bestows labor upon any article of personal property, at the request of the owner of such personal property or his agent shall have a lien upon such property for the amount due for such labor done or material furnished an…
Colo. Rev. Stat. § 38-20-106.2 Molders' liens - creation - notice
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(1) A molders' lien shall attach to all of a customer's molds in a molder's possession for which a balance is due from such customer for any manufacturing or fabrication work performed and materials furnished. A molders' lien shall be for the amount due for any such work performe…
Colo. Rev. Stat. § 38-20-106.5 Motor vehicle repair garages - restoration of liens
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(1) A motor vehicle repair garage which is entitled to a lien under section 38-20-106 for motor vehicle repairs and which has released the motor vehicle upon receipt of payment for such repairs in the form of a check, draft, or order for the payment of money upon any bank, deposi…
Colo. Rev. Stat. § 38-20-107 Commencement of foreclosure action
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(1) If any such charges for which a lien is given by section 38-20-102, 38-20-105, 38-20-106, or 38-20-106.2 or for which a lien is restored by section 38-20-106.5 are not paid within thirty days after the same become due and payable, the mechanic, innkeeper, or other person to w…
Colo. Rev. Stat. § 38-20-108 Foreclosure action - procedure
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(1) In any foreclosure action, the lienholder or the lienholder's attorney, by complaint, shall show to the court the following: (a) That the lienholder did perform a specified service for the defendant which entitles such lienholder to a lien on personal property owned by the de…
Colo. Rev. Stat. § 38-20-109 Lienor may sell - procedure
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(1) When the lienor has received a judgment and after giving ten days' prior notice of the time and place of such sale, with a description of the property to be sold, by one publication in some newspaper published in the county wherein he or she resides or, if there is no such ne…
Colo. Rev. Stat. § 38-20-110 Sale void, when. (Repealed)
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Source: L. 1883: p. 239, � 7. G.S.: � 2124. R.S. 08: � 4019. C.L. � 6436. CSA: C. 101, � 9. CRS 53: � 86-1-9. C.R.S. 1963: � 86-1-9. L. 75: Entire section repealed, p. 1419, � 9, effective April 24.
Colo. Rev. Stat. § 38-20-111 Lienor may purchase
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At such sale the person to whom such lien is given may become the purchaser. Source: L. 1883: p. 239, � 8. G.S. � 2125. R.S. 08: � 4020. C.L. � 6437. CSA: C. 101, � 10. CRS 53: � 86-1-10. C.R.S. 1963: � 86-1-10.
Colo. Rev. Stat. § 38-20-112 Sale continued - when - record
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In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day at the place of sale. Upon the completion of such sale, the person to whom the lien is given shall cause a bill of sale thereof to be filed with the court i…
Colo. Rev. Stat. § 38-20-113 Lien no bar to suit for charges
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Nothing in this article shall take away the right of action of the party to whom such lien is given to satisfy his judgment pursuant to law and the Colorado rules of civil procedure for his charges or for any residue thereof after sale of such property. Source: L. 1883: p. 239, �…
Colo. Rev. Stat. § 38-20-114 Clerk of sale
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At such sale the person to whom such lien is given may appoint a clerk and crier. Source: L. 1883: p. 239, � 11. G.S. � 2128. R.S. 08: � 4023. C.L. � 6440. CSA: C. 101, � 13. CRS 53: � 86-1-13. C.R.S. 1963: � 86-1-13.
Colo. Rev. Stat. § 38-20-115 Sale fees
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Clerks of the county or district court may charge for recording each bill of sale a fee as authorized by section 13-32-104, C.R.S. Source: L. 1883: p. 239, � 12. G.S. � 2129. R.S. 08: � 4024. C.L. � 6411. CSA: C. 6441, � 14. CRS 53: � 86-1-14. C.R.S. 1963: � 86-1-14. L. 64: p. 29…
Colo. Rev. Stat. § 38-20-116 Abandoned property - notice of sale - definitions
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(1) Property is presumed to be abandoned if the owner has failed to contact the lienholder for a period of not less than thirty days and the lienholder, in good faith, is without knowledge of any evidence indicating that the owner does not intend to abandon the property. (2) At l…
Colo. Rev. Stat. § 38-20-201 Short title
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This part 2 shall be known and may be cited as the Agistor's Lien Act. Source: L. 96: Entire part added, p. 1387, � 11, effective July 1.
Colo. Rev. Stat. § 38-20-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Abandoned means having forsaken entirely or neglected or refused to pay for feeding, herding, pasturing, keeping, ranching, boarding, or medical care for any livestock held by an agistor, its owner, or an owner's …
Colo. Rev. Stat. § 38-20-203 Agistor's lien
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(1) An agistor shall have a lien upon the livestock entrusted to its care for any amount that may be due for feeding, herding, pasturing, keeping, ranching, or boarding such livestock, for medical care provided to such livestock, and for all costs incurred in enforcing such lien,…
Colo. Rev. Stat. § 38-20-204 Agistor's lien - filing requirement
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An agistor's lien created pursuant to this part 2 shall be filed with the secretary of state or the county clerk where the livestock are located. The filing of an agistor's lien shall constitute notice of the contents and legal effect of the lien. Source: L. 96: Entire part added…
Colo. Rev. Stat. § 38-20-205 Foreclosure
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(1) (a) If any charges for which a lien has been filed pursuant to section 38-20-204 are not paid not more than thirty days after the date such charges are due, the lienor or the lienor's assignee may file a foreclosure action in the county or district court of the county or city…
Colo. Rev. Stat. § 38-20-206 Sale of livestock - procedure
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(1) A lienor who receives a judgment on an agistor's lien may proceed to sell such livestock necessary to satisfy the lien. The sale shall take place not more than forty-five days after entry of judgment at the nearest public livestock market in this state. In addition: (a) The l…
Colo. Rev. Stat. § 38-20-207 Abandoned livestock - notice - disposition
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(1) Livestock shall be presumed abandoned if: (a) The owner or owner's agent has failed to contact the lienor within ten days after service of notice under section 38-20-206; (b) The lienor, in good faith, has no reasonable grounds to believe that the owner does not intend to aba…
Colo. Rev. Stat. § 38-20-208 Lien no bar
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Nothing in this article shall prohibit a lienor, after the sale of livestock pursuant to this article, from pursuing further action to fully satisfy a judgment on an agistor's lien. Source: L. 96: Entire part added, p. 1392, � 11, effective July 1.
Colo. Rev. Stat. § 38-20-209 Lien as security interest
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A lien created pursuant to this article shall be considered a security interest for purposes of section 18-5-206, C.R.S. Source: L. 96: Entire part added, p. 1392, � 11, effective July 1.
Colo. Rev. Stat. § 38-20-210 Recording fees
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Any clerk of a county or district court may, pursuant to section 13-32-104, C.R.S., charge a fee for recording bills of sale under this article. Source: L. 96: Entire part added, p. 1392, � 11, effective July 1.