Colorado Revised Statutes

Colo. Rev. Stat. § 30-10-522 (2024)

Actions against sheriff - sureties liable - when

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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Except in the case of a sheriff covered by insurance purchased pursuant to section 30-10-501 (2), in an action brought against a sheriff for an action done by virtue of the sheriff's office, if the sheriff gives notice thereof to the sureties on any bond of indemnity given by the sheriff, the judgment recovered therein shall be sufficient evidence of the sheriff's right to recover against such sureties, and the court, on motion, upon notice of five days, may order judgment to be entered against them for the amount so recovered, including costs.

Source: L. 1887: p. 214, § 419. Code 08: § 454. Code 21: § 456. Code 35: § 456. CRS 53: § 35-5-22. C.R.S. 1963: § 35-5-22. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 20, effective August 11.

Notes of Decisions
Cited in 5 cases, 1990–2019 · leading case: Wigger v. McKee, 809 P.2d 999 (Colo. Ct. App. 1990).
Wigger v. McKee, 809 P.2d 999 (Colo. Ct. App. 1990). · cites it 4× “12A); see § 30-10-522, C.R.S. (1986 Repl.Vol. 12A).”
Tunget v. Bd. of Cnty. Commissioners, 992 P.2d 650 (Colo. Ct. App. 1999). · cites it 3× “Section 30-10-522, C.R.S.1998. In addition, § 30-10-519, C.”
Cortese v. Black, 838 F. Supp. 485 (D. Colo. 1993). “§ 30-11-101(1)(a) and § 30-10-522. I will treat Cortese’s suit against the Sheriffs.”
Robertson v. Bd. of Cnty. Com'rs of Morgan, 985 F. Supp. 980 (D. Colo. 1997). · cites it 2× “§ 30-ll-101(l)(a) and § 30-10-522, C.R.S.; Cortese v. Black, 838 F.”
Chavez v. Lake Cnty. Sheriff's Off., No. 1:18-cv-03249 (D. Colo. Nov. 6, 2019). “§ 30-10-522, the question arises: on what authority can the larger entity known as “the county” be sued for the same conduct? Why should the county be held liable for the deeds of a separately suable entity, with its own budget?7 As it turns out, however, Colorado law forecloses…”
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