Colorado § 38-36-188 Defendants to indemnity suit - judgment - how collected

Colorado Statutes

§ 38-36-188 — Defendants to indemnity suit - judgment - how collected

Colorado § 38-36-188

Title 38Property -

Art.Torrens Title Registration Act

This text of Colorado § 38-36-188 (Defendants to indemnity suit - judgment - how collected) 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. § 38-36-188 (2026).

Text

(1)If such action is for recovery for loss or damage arising only through any omission, mistake, or misfeasance of the registrar of titles, or his deputies, or of any examiner of titles, or any clerk of court, or his deputy in the performance of their respective duties under the provisions of this article, the county treasurer shall be the sole defendant to such action. If such action is brought for loss or damage arising only through the fraud or wrongful act of some person other than the registrar or his deputies, the examiners of title, the clerk of the court, or his deputies, or arising jointly through the fraud or wrongful act of such other persons, and the omission, mistakes, or misfeasance of the registrar of titles or his deputies, the examiners of titles, or the clerk o

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(1) If
such action is for recovery for loss or damage arising only through any omission,
mistake, or misfeasance of the registrar of titles, or his deputies, or of any examiner
of titles, or any clerk of court, or his deputy in the performance of their respective
duties under the provisions of this article, the county treasurer shall be the sole
defendant to such action. If such action is brought for loss or damage arising only
through the fraud or wrongful act of some person other than the registrar or his
deputies, the examiners of title, the clerk of the court, or his deputies, or arising
jointly through the fraud or wrongful act of such other persons, and the omission,
mistakes, or misfeasance of the registrar of titles or his deputies, the examiners of
titles, or the clerk of the court, or his deputies, such action shall be brought against
both the county treasurer and such persons.

(2) In all such actions where there are defendants other than the county
treasurer and damages have been recovered, no final judgment shall be entered
against the county treasurer until execution against the other defendants shall be
returned unsatisfied in whole or in part, and the officer returning the execution
shall certify that the amount still due upon the execution cannot be collected
except by application to the indemnity fund. Thereupon, the court, being satisfied
as to the truth of such return, shall order final judgment against the treasurer for
the amount of the execution and costs, or so much thereof as remains unpaid. The
county treasurer shall, upon such order of the court and final judgment, pay the
amount of such judgment out of the assurance fund. It is the duty of the county
attorney to appear and defend all such actions. If the funds in the assurance fund at
any time are insufficient to pay any judgment in full, the balance unpaid shall draw
interest at the legal rate of interest and be paid with such interest out of the first
funds coming into said fund.