§ 6-10-109 — Priority of claims - notice

The assignee shall forthwith give notice
of such assignment by publication for four weeks in some newspaper in the county,
if any, and if none, then in the nearest county thereto. The assignee shall also
forthwith send a notice by mail to each creditor of whom he shall be informed,
directed to his usual place of residence, stating the estimate of the aggregate
value of all the property of the assignor, the estimate of the amount of his liabilities,
and notifying each creditor to present his claim, under oath, to the assignee within
three months from the mailing of such notice. It is the duty of each creditor to
present his claim in the manner and within the time mentioned in the notice. Claims
filed within the first three months shall have priority over those filed thereafter,
unless a creditor can show, to the satisfaction of the court, that he never received
the notice. Proof of notice by mail shall be made by affidavit by the assignee giving
a list of creditors and the name of the post office where notice was sent within ten
days after the mailing of the same. Proof of the notice by publication shall be made
by affidavit of the printer or publisher within ten days after the last publication or
no fees shall be allowed the assignee for such notice by mail or publication.

Legislative History

Source: L. 1897: p. 96, � 9. R.S. 08: � 182. C.L. � 6249. CSA: C. 12, � 9. CRS 53: � 11-1-9. C.R.S. 1963: � 11-1-9.