Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
Colo. Rev. Stat. § 13-52-111 Return - endorsement - entry
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All executions shall be made returnable ninety days after date, and no writ of execution shall bind the personal property, goods, or chattels of any person against whom such writ is issued until the writ is delivered to the sheriff or other officer for execution. For a better man…
Colo. Rev. Stat. § 13-53-101 Short title
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This article shall be known and may be cited as the Uniform Enforcement of Foreign Judgments Act. Source: L. 69: p. 563, � 1. C.R.S. 1963: � 77-13-1.
Colo. Rev. Stat. § 13-53-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Foreign judgment means any judgment, decree, or order of a court of the United States or of any other court, except a protection order or a restraining order as described in section 13-14-110 that is entitled to …
Colo. Rev. Stat. § 13-53-103 Filing and status of foreign judgments
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A copy of any foreign judgment authenticated in accordance with the act of congress or the laws of this state may be filed in the office of the clerk of any court of this state which would have had jurisdiction over the original action had it been commenced first in this state. A…
Colo. Rev. Stat. § 13-53-104 Notice of filing
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(1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last-known post-office address of the judgment debtor and the judgment creditor. (2) Promptly upon the fi…
Colo. Rev. Stat. § 13-53-105 Stay
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(1) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or th…
Colo. Rev. Stat. § 13-53-106 Fees
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(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 fe…
Colo. Rev. Stat. § 13-53-107 Optional procedure
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The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired. Source: L. 69: p. 564, � 1. C.R.S. 1963: � 77-13-7.
Colo. Rev. Stat. § 13-53-108 Uniformity of interpretation
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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. Source: L. 69: p. 564, � 1. C.R.S. 1963: � 77-13-8.
Colo. Rev. Stat. § 13-54-101 Definitions
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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 d…
Colo. Rev. Stat. § 13-54-102 Property exempt - commingled exempt and nonexempt assets - definitions
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(1) The following property is exempt from levy and sale under writ of attachment or writ of execution: (a) The necessary wearing apparel of the debtor and each dependent to the extent of two thousand dollars in value; (b) Watches, jewelry, and articles of adornment of the debtor …
Colo. Rev. Stat. § 13-54-102.5 Child support payments - exemption
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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. Source: L. 94: Entire section added, p…
Colo. Rev. Stat. § 13-54-103 No exemption for purchase price
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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. Source: L. 59: p. 532, � 3. CRS 53: � 77-13-3. C.R.S. 1963: � 77-2-3. 13-54-104. Restrictions on garnishment …
Colo. Rev. Stat. § 13-54-104 Restrictions on garnishment and levy under execution or attachment - definitions
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(1) As used in this section, unless the context otherwise requires: (a) “Disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld and after the deduction of the cost of a…
Colo. Rev. Stat. § 13-54-105 No exemption for taxes
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Nothing in this article shall be construed to exempt any property of any debtor from sale for the payment of any taxes legally assessed. Source: L. 59: p. 532, � 5. CRS 53: � 77-13-5. C.R.S. 1963: � 77-2-5.
Colo. Rev. Stat. § 13-54-106 Exemptions applicable to all writs - exception for child support
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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 s…
Colo. Rev. Stat. § 13-54-107 Exemptions in bankruptcy
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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 …
Colo. Rev. Stat. § 13-55-101 Defendant to file written claim
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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 posse…
Colo. Rev. Stat. § 13-55-102 Service of notice of levy
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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 …
Colo. Rev. Stat. § 13-55-103 Proceedings for sale stayed
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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. Source: L. 35: p. 245, � 3. CSA: C. 93, � 32. CRS 53: � 77-4-3. C.R.…
Colo. Rev. Stat. § 13-55-104 Hearing on claim
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(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 b…
Colo. Rev. Stat. § 13-55-105 Court enters order or judgment
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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 sh…
Colo. Rev. Stat. § 13-55-106 Order or judgment is final
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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. Source: 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.
Colo. Rev. Stat. § 13-55-107 Failure to claim - effect
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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 plainti…
Colo. Rev. Stat. § 13-55-108 Damages
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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 d…
Colo. Rev. Stat. § 13-55-109 Court may order sale - proceeds
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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 o…
Colo. Rev. Stat. § 13-55-110 Appeals
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Appellate review may be had from the final order or judgment entered in pursuance of this article as in other cases. Source: L. 35: p. 248, � 10. CSA: C. 93, � 39. CRS 53: � 77-4-10. C.R.S. 1963: � 77-4-10.
Colo. Rev. Stat. § 13-56-101 Certificate of levy - notice
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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 whe…
Colo. Rev. Stat. § 13-56-102 Writs from other county
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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 sher…
Colo. Rev. Stat. § 13-56-103 Lien of six years' duration
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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. Source: L. 19:…
Colo. Rev. Stat. § 13-56-104 Recorder to file and record
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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 …
Colo. Rev. Stat. § 13-56-201 Hours - notice - penalty - irregularity
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(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…
Colo. Rev. Stat. § 13-57-101 Ten days' notice of sale
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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. Source: R.S. p. 379, � 29. G.L. � 1430. G.S. � 1862. R.S. …
Colo. Rev. Stat. § 13-57-102 Future delivery bond - conditions
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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 …
Colo. Rev. Stat. § 13-57-103 Breach of bond - levy on security - sale
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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…
Colo. Rev. Stat. § 13-58-101 Death of debtor - filing claim
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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 heir…
Colo. Rev. Stat. § 13-58-102 Execution to issue after one year
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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 up…
Colo. Rev. Stat. § 13-58-103 Death of plaintiff - substitution
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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 re…
Colo. Rev. Stat. § 13-58-104 Lien of judgment not abated by death
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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 sectio…
Colo. Rev. Stat. § 13-58-105 Administrator to buy on execution
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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 asset…
Colo. Rev. Stat. § 13-59-101 No imprisonment for debt
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There shall be no imprisonment or arrest for debt in this state in any case upon any contract, expressed or implied. Source: 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.
Colo. Rev. Stat. § 13-59-102 Execution against the body
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No execution shall issue against the body of any defendant in a civil action. Source: 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.
Colo. Rev. Stat. § 13-59-103 Body execution in tort, when. (Repealed)
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Source: 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.
Colo. Rev. Stat. § 13-59-104 Finding - term - release. (Repealed)
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Source: 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.
Colo. Rev. Stat. § 13-59-105 Plaintiff to pay costs, unless. (Repealed)
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Source: 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.
Colo. Rev. Stat. § 13-60-101 Levy to pay judgment against municipality - procedure
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(1) When a judgment for the payment of money is given and rendered against any municipal or quasi-municipal corporation of the state, or against any officer thereof, in an action prosecuted by or against him in his official capacity or name of office, such judgment being an oblig…
Colo. Rev. Stat. § 13-61-101 Funds subject to garnishment
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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 withi…
Colo. Rev. Stat. § 13-61-102 Other salaries, wages, and fees
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It is declared that no provision of this article is contrary to public policy and that the provisions of this article are meant to apply to all salaries, wages, fees, credits, and choses in action other than such as are exempt under the provisions of section 13-61-101, whether co…
Colo. Rev. Stat. § 13-61-103 Summons - how served
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Garnishee summons issued upon writs of attachment and execution shall be served upon the officer of such state, municipal corporation, quasi-municipal corporation, or board or commission thereof, whose duty it is to issue warrants, checks, or money for the payment to any officer,…
Colo. Rev. Stat. § 13-61-104 Garnishee to answer
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It is the duty of such officer to answer any garnishee summons served upon him under the provisions of this article in the same manner as is provided by law for the answer of garnishee summons by private corporations. If such answer is accompanied by a certificate of such officer…