Colorado § 13-55-104 Hearing on claim

Colorado Statutes

§ 13-55-104 — Hearing on claim

Colorado § 13-55-104

Title 13Courts

Art.Method of Claiming Exemption

This text of Colorado § 13-55-104 (Hearing on claim) 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. § 13-55-104 (2026).

Text

(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 by the defendant or his or her attorney to the officer who made such levy or seizure, and to the plaintiff in said action or his or her attorney of record, by leaving a copy of such notice with said officer or his deputy at his office and by leaving a copy thereof with the plaintiff or his or her attorney of record, or notice may be given to the plaintiff by mailing a copy of such notice of hearing to the attorney of record of the plaintiff at least seven days in advance of date set for the hearing.

(2)Th

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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 by the defendant
or his or her attorney to the officer who made such levy or seizure, and to the
plaintiff in said action or his or her attorney of record, by leaving a copy of such
notice with said officer or his deputy at his office and by leaving a copy thereof with
the plaintiff or his or her attorney of record, or notice may be given to the plaintiff
by mailing a copy of such notice of hearing to the attorney of record of the plaintiff
at least seven days in advance of date set for the hearing.

(2) The affidavit of the defendant or his attorney that service of notice of
such hearing has been made in the manner and form stated, attached to the original
notice, shall constitute prima facie evidence of such service, and such affidavit of
service filed with the clerk of the court is sufficient return of such service. Such
hearing may be continued from time to time in the discretion of the court. In case of
the absence of the district judge from the county in which said claim of exemption
has been filed with the clerk of the district court or in case of other inability of the
district judge to act, the county judge of such county if possessing the
qualifications of a district judge in cases of claims for exemption arising therein
may set the time of hearing and hear and determine such claims, sitting as a judge
of the district court, and his judgment, findings, or orders entered therein shall be of
the same force and effect as though made by the district judge.

Legislative History

Source: L. 35: p. 246, � 4. CSA: C. 93, � 33. CRS 53: � 77-4-4. C.R.S. 1963: � 77-4-4. L. 64: p. 284, � 207. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 829, � 21, effective July 1.