C.R.S. Section 38-8-108
Remedies of creditors

(1)

In an action for relief against a transfer or obligation under this article, 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 fraudulent 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 any judgment entered against a person under this paragraph (c) is in lieu of, not in addition to, a judgment against the same person under section 38-8-109 (2). No judgment may be entered pursuant to this paragraph (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. No judgment may be entered under this paragraph (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.

Source: Section 38-8-108 — Remedies of creditors, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

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Current through Fall 2024

§ 38-8-108’s source at colorado​.gov