§ 13-55-109 — Court may order sale - proceeds

Colorado § 13-55-109

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Method of Claiming Exemption

Text

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 of the first proceeds of said sale the defendant debtor shall be paid the amount,
as is provided by statute, of his exemption. The disposal of the balance of the
proceeds of said sale shall await the further order of the court. If such property is
divisible, the court shall fix the value of each item thereof and shall require the
defendant to select therefrom such items as the defendant may choose of an
aggregate value not to exceed the amount of his exemptions, and the disposal of
the balance of such property shall await the further order of the court. No sale of
property seized or levied upon under a writ of attachment shall be ordered sold
until after final judgment in said action has been rendered in favor of the plaintiff.

Legislative History

Source: L. 35: p. 248, � 9. CSA: C. 93, � 38. CRS 53: � 77-4-9. C.R.S. 1963: � 77-4-9. L. 64: p. 285, � 211.