Colo. Rev. Stat. » Title 13
Colorado Revised Statutes

Colo. Rev. Stat. § 13-55-101 (2024)

Defendant to file written claim

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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Except in cases of garnishment pursuant to article 54.5 of this title, in cases where a sheriff or other officer by virtue of a writ of execution, writ of attachment, or other order of court issued by a court of record or clerk thereof levies upon, seizes, or takes into his possession any property of the defendant debtor, which said property, or part thereof, the defendant claims as exempt under the provisions of the statutes of the state, said defendant debtor, within fourteen days after being served with notice of such levy or seizure, shall make and file with the clerk of the court of record out of which such writ of execution, writ of attachment, or other order was issued a written claim of such exemption setting forth with reasonable detail the description of the property so claimed to be exempt together with the grounds of such claim of exemption.

Source: L. 35: p. 244, § 1. CSA: C. 93, § 30. CRS 53: § 77-4-1. C.R.S. 1963: § 77-4-1. L. 64: p. 283, § 205. L. 85: Entire section amended, p. 582, § 3, effective May 3. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 828, § 19, effective July 1.

Notes of Decisions
Cited in 3 cases, 1980–1989 · leading case: Beneficial Fin. Co. of Colorado v. Schmuhl, 713 P.2d 1294 (Colo. 1986).
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Beneficial Fin. Co. of Colorado v. Schmuhl, 713 P.2d 1294 (Colo. 1986). · cites it 10× “Section 13-55-101, 6 C.R.S. (1973), [4] requires that debtors claim *1300 exemptions under the provisions of section 13-54-102 "within ten days after being served with notice of such levy or seizure.”
Finberg v. Sullivan, 634 F.2d 50 (3d Cir. 1980). “Colo.Rev.Stat. § 13-55-101. He receives notice of the seizure, but the notice need not specify available exemptions.”
In re Seay, 97 B.R. 41 (Bankr. D. Colo. 1989). · cites it 2× “5-108 and 109, and C.R.S. §§ 13-55-101 and 104. This also assumes absence of a traverse of garnishee's answer by the judgment creditor, or others.”
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