Colo. Rev. Stat. » Title 7
Colorado Revised Statutes

Colo. Rev. Stat. § 7-60-128 (2024)

Interest subject to charging order

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) On due application to a court of competent jurisdiction by any judgment creditor of a partner, the court that entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of the judgment with interest thereon; and may then or later appoint a receiver of the debtor partner's share of the profits and of any other money due or to fall due to the debtor partner in respect of the partnership and make all other orders, directions, accounts, and inquiries that the debtor partner might have made, or that the circumstances of the case may require.

(2) The interest charged may be redeemed at any time before foreclosure or, in case of a sale being directed by the court, may be purchased without thereby causing a dissolution:

(a) With separate property by any one or more of the partners; or

(b) With partnership property by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold.

(3) Nothing in this article shall be held to deprive a partner of the partner's right, if any, under the exemption laws, as regards the partner's interest in the partnership.

Source: L. 31: p. 659, § 28. CSA: C. 123, § 28. CRS 53: § 104-1-28. C.R.S. 1963: § 104-1-28. L. 2004: (1) and (3) amended, p. 1427, § 87, effective July 1.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1982–2024 · leading case: First Nat'l Bank of Denver v. Dist. Court ex rel. City & Cnty. of Denver, 652 P.2d 613 (Colo. 1982).
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First Nat'l Bank of Denver v. Dist. Court ex rel. City & Cnty. of Denver, 652 P.2d 613 (Colo. 1982). · cites it 18× “This was accomplished when the court, pursuant to the Uniform Partnership Law, section 7-60-128, C.R.S. 1973, charged the partnership property of the defendants.”
Union Colony Bank v. United Bank of Greeley Nat'l Ass'n, 832 P.2d 1112 (Colo. Ct. App. 1992). · cites it 22× “The charging orders were issued pursuant to § 7-60-128, C.R.S. (1986 Repl.Vol. 3A) of the Uniform Partnership Act (UPA).”
In re the Marriage of Weiss, 695 P.2d 778 (Colo. Ct. App. 1984). · cites it 6× “The trial court entered a “charging order” pursuant to § 7-60-128, C.R.S., directing husband to assign to wife all of his interest in the Fancher assets acquired during the marriage.”
In re Marriage of Paul, 821 P.2d 925 (Colo. Ct. App. 1991). · cites it 3× “Section 7-60-128, C.R.S. (1986 Repl.Vol. 3A); In re Marriage of Weiss, 695 P.”
Bartch v. Barch, 111 F. 4th 1043 (10th Cir. 2024). · cites it 2× “§ 7-80-703 governs charging orders for interests in LLCs, and Colo. Rev. Stat. § 7-60-128 governs charging orders for non-transferable interests in partnerships.”
Raccoon Recovery, LLC v. Navoi Mining & Metallurgical Kombinat, 244 F. Supp. 2d 1130 (D. Colo. 2002). · cites it 2× “See Colo.Rev.Stat. § 7-60-128. See also First National Bank v.”
Watt, Tieder, Killian & Hoffar v. United States Fid. & Guar. Co., 847 P.2d 170 (Colo. Ct. App. 1992). · cites it 2× “§§ 50-25 and 50-28 (1989); § 7-60-125 and § 7-60-128, C.R.S. (1986 Repl.Vol. 3A). Finally, although not a part of the Act, many states have adopted other statutes allowing partners to sue or to be sued in their common partnership name.”
Mountain States Bank v. Irvin, 809 P.2d 1113 (Colo. Ct. App. 1991). “See §§ 7-60-128, 7-61-123, and 7-62-703, C.R.”
Colo. Rev. Stat. § 7-60-128(1): 2 cases
First Nat'l Bank of Denver v. Dist. Court ex rel. City & Cnty. of Denver, 652 P.2d 613 (Colo. 1982). “This was accomplished when the court, pursuant to the Uniform Partnership Law, section 7-60-128, C.R.S. 1973, charged the partnership property of the defendants.”
Union Colony Bank v. United Bank of Greeley Nat'l Ass'n, 832 P.2d 1112 (Colo. Ct. App. 1992). “The charging orders were issued pursuant to § 7-60-128, C.R.S. (1986 Repl.Vol. 3A) of the Uniform Partnership Act (UPA).”
Colo. Rev. Stat. § 7-60-128(2): 2 cases
First Nat'l Bank of Denver v. Dist. Court ex rel. City & Cnty. of Denver, 652 P.2d 613 (Colo. 1982). “This was accomplished when the court, pursuant to the Uniform Partnership Law, section 7-60-128, C.R.S. 1973, charged the partnership property of the defendants.”
Union Colony Bank v. United Bank of Greeley Nat'l Ass'n, 832 P.2d 1112 (Colo. Ct. App. 1992). “The charging orders were issued pursuant to § 7-60-128, C.R.S. (1986 Repl.Vol. 3A) of the Uniform Partnership Act (UPA).”
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