Colorado § 38-8-108 Remedies of creditors

Colorado Statutes

§ 38-8-108 — Remedies of creditors

Colorado·Title 38 Property -·Art. Fraudulent Transfers

(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

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

Colorado § 38-8-108 (Remedies of creditors) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.