Colorado Revised Statutes
Colo. Rev. Stat. § 13-50-102 (2024)
Joint debtors - release - effect
✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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A creditor of joint debtors may release one or more of such debtors, and such release shall operate as a full discharge of such debtor so released, but such release shall not release or discharge or affect the liability of the remaining debtor. Such release shall be taken and held to be a payment in the indebtedness of the full proportionate share of the debtor so released.
Source: L. 1899: p. 239, § 1. R.S. 08: § 3605. C.L. § 5125. CSA: C. 92, § 5. CRS 53: § 76-1-2. C.R.S. 1963: § 76-1-2.
Notes of Decisions
Cited in 10
cases, 1984–2009 · leading case: Colantuno v. A. Tenenbaum & Co., 23 P.3d 708 (Colo. 2001).
Colantuno v. A. Tenenbaum & Co., 23 P.3d 708 (Colo. 2001). “The Act provides that a creditor's release of one joint debtor fully discharges that debtor's obligation to the creditor, but does not affect the liability of the remaining debtors: A creditor of joint debtors may release one or more of such debtors, and such release shall…”
Ochoa v. Vered, 212 P.3d 963 (Colo. Ct. App. 2009). “Although the McCall division cited another provision of the joint rights and obligations statute, section 13-50-102, C.R.S8.2008, the settling and non-settling defendants there were co-debtors on the same judgment.”
Schiffer v. United Grocers, Inc., 989 P.2d 10 (Or. 1999). “Colorado: Colo Rev Stat §§ 13-50-102, 103 (1998) (release of one or more joint debtors "shall be taken and held to be a payment in the indebtedness of the full proportionate share of the debtor so released," and unreleased joint debtor's share proportionately reduced); Smith v.”
Smith v. Weindrop, 833 P.2d 856 (Colo. Ct. App. 1992). “Defendant also argues that the amount of her liability should have been reduced pursuant to § 13-50-102 and § 13-50-103, C.R.S. (1987 Repl.”
Ochoa v. Vered, 186 P.3d 107 (Colo. Ct. App. 2008). “Although the McCall division cited another provision of the joint rights and obligations statute, section 13-50-102, C.R.9.2007, the settling and non-settling defendants there were co-debtors on the same judgment.”
A. Tenenbaum & Co. v. Colantuno, 3 P.3d 456 (Colo. Ct. App. 2000). “See § 13-50-102, C.R.S. 1998. If one or more joint debtors are released, each remaining debtor shall be liable for no more than his or her proportionate share of the indebtedness, unless the remaining debtors are principal and surety.”
McCall v. Roper, 685 P.2d 230 (Colo. Ct. App. 1984). “The master or principal has not participated in the planning or the consummation of the tort; his liability is based instead on the doctrine of respondeat superior, which is grounded in the law of agency.” (emphasis supplied) McCall, as a judgment creditor, may release John as a…”
Gleason v. Becker-Johnson Assocs., Inc., 916 P.2d 662 (Colo. Ct. App. 1996). “provides in pertinent part: Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor, engineer, or inspector performing or furnishing the design, planning, supervision, inspection, construction, or…”
J.D. Padilla & JDP, LLC v. Ghuman, 183 P.3d 653 (Colo. Ct. App. 2007). “That case interpreted sections 13-50-102 and -108, C.R.S8S.2007, which govern the effect of a release of one or more joint debtors under a written contract, including a promissory note.”
A. Tenenbaum Co. v. Colantuno, 117 P.3d 20 (Colo. Ct. App. 2004). “Therefore, [debtor’s] and Dikeou’s proportionate shares of the original judgment are $334,400 t 4 + $131,610.75 h- 3.”
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