Colorado § 38-8-108 Remedies of creditors

Colorado Statutes

§ 38-8-108 — Remedies of creditors

Colorado § 38-8-108

Title 38Property -

Art.Fraudulent Transfers

This text of Colorado § 38-8-108 (Remedies of creditors) 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. § 38-8-108 (2026).

Text

(1)In an action for relief against a transfer or obligation under this article 8, a creditor, subject to the limitations in section 38-8-109, may obtain:

(a)Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(b)An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by the Colorado rules of civil procedure;

(c)With respect to a transfer made or obligation incurred that is voidable under section 38-8-105 (1)(a), a judgment for one and one-half the value of the asset transferred or for one and one-half the amount necessary to satisfy the creditor's claim, whichever is less, together with the creditor's actual costs; except that a judgmen

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(1) In an action for relief against a transfer
or obligation under this article 8, a creditor, subject to the limitations in section 38-8-109, may obtain:

(a) Avoidance of the transfer or obligation to the extent necessary to satisfy
the creditor's claim;

(b) An attachment or other provisional remedy against the asset transferred
or other property of the transferee in accordance with the procedure prescribed by
the Colorado rules of civil procedure;

(c) With respect to a transfer made or obligation incurred that is voidable
under section 38-8-105 (1)(a), a judgment for one and one-half the value of the
asset transferred or for one and one-half the amount necessary to satisfy the
creditor's claim, whichever is less, together with the creditor's actual costs; except
that a judgment entered against a person under this subsection (1)(c) is in lieu of,
not in addition to, a judgment against the same person under section 38-8-109 (2).
A judgment may not be entered pursuant to this subsection (1)(c) against a person
other than the debtor unless that person also acts with wrongful intent as defined
in section 38-8-105 (1)(a); otherwise, judgment for money damages against a person
other than the debtor may be entered only as provided in section 38-8-109. A
judgment may not be entered under this subsection (1)(c) unless a court of
competent jurisdiction enters or has entered a judgment or order establishing the
validity of the creditor's claim against the debtor.

(d) Subject to applicable principles of equity and in accordance with
applicable rules of civil procedure:

(I) An injunction against further disposition by the debtor or a transferee, or
both, of the asset transferred or of other property;

(II) Appointment of a receiver to take charge of the asset transferred or of
other property of the transferee; or

(III) Any other relief the circumstances may require.

(2) If a creditor has obtained a judgment on a claim against the debtor, the
creditor, if the court so orders, may levy execution on the asset transferred or its
proceeds.

Legislative History

Source: L. 91: Entire article added, p. 1687, � 1, effective July 1. L. 2014: (1) amended, (HB 14-1302), ch. 143, p. 489, � 1, effective May 2. L. 2025: IP(1) and (1)(c) amended, (SB 25-133), ch. 57, p. 240, � 7, effective August 6.