Colorado § 4-3-119 Notice of right to defend action

Colorado Statutes

§ 4-3-119 — Notice of right to defend action

Colorado § 4-3-119

Title 04Uniform

Art.Negotiable Instruments

This text of Colorado § 4-3-119 (Notice of right to defend action) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 4-3-119 (2026).

Text

In an action for breach of an
obligation for which a third person is answerable over pursuant to this article or
article 4 of this title, the defendant may give the third person written notice of the
litigation, and the person notified may then give similar notice to any other person
who is answerable over. If the notice states (i) that the person notified may come in
and defend and (ii) that failure to do so will bind the person notified in an action
later brought by the person giving the notice as to any determination of fact
common to the two litigations, the person notified is so bound unless after
seasonable receipt of the notice the person notified does come in and defend.

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In an action for breach of an
obligation for which a third person is answerable over pursuant to this article or
article 4 of this title, the defendant may give the third person written notice of the
litigation, and the person notified may then give similar notice to any other person
who is answerable over. If the notice states (i) that the person notified may come in
and defend and (ii) that failure to do so will bind the person notified in an action
later brought by the person giving the notice as to any determination of fact
common to the two litigations, the person notified is so bound unless after
seasonable receipt of the notice the person notified does come in and defend.