Any assignment, pledge, or
encumbrance of any right to benefits that are or may become due or payable under articles 70 to
82 of this title 8 are void. Except as provided in the "Colorado Child Support Enforcement
Procedures Act", article 14 of title 14, such rights to benefits are exempt from levy, execution,
attachment, or any other remedy provided for the collection of debt. Benefits received by any
individual are exempt from any remedy for the collection of all debts except debts incurred for
necessaries furnished to the individual, the individual's spouse, or the individual's dependents
during the time when the individual was unemployed or child support debt or arrearages as
specified in article 14 of title 14. Any waiver of any exemption provided for in this section is
void.
Source: L. 36, 3rd Ex. Sess.: p. 45, § 15. L. 37: p. 1269, § 11. CSA: C. 167A, § 15. L.
41: p. 799, § 15. CRS 53: § 82-10-3. C.R.S. 1963: § 82-10-3. L. 85: Entire section amended, p.
587, § 2, effective July 1. L. 2022: Entire section amended, (SB 22-086), ch. 74, p. 380, § 8,
effective April 7.
Cross references: For the legislative declaration in SB 22-086, see section 1 of chapter
74, Session Laws of Colorado 2022.
ARTICLE 81
Penalties and Enforcement
Cross references: For applicability of legislation that amends, repeals, or adds to the
provisions of this article on and after May 18, 1979, see § 8-70-143.
Notes of Decisions
In re the Marriage of Snyder, 739 P.2d 923 (Colo. Ct. App. 1987).
· cites it 8× “This court held that § 8-80-103, C.R.S., of the Employment Security Act, a provision very similar to § 8-52-107, prohibited the garnishment of unemployment compensation benefits even for satisfaction of child support arrearage judgments.”
In Re Parrish, 19 B.R. 331 (Bankr.D. Colo. 1982).
“other persons | -----------------------------------------------------|-------------------------------------------|---------------------------- Workmen's compensation benefits | no limit | CRS 8-52-107(1)…”
Brown v. Hahn-Martinez, 387 B.R. 611 (D. Colo. 2008).
· cites it 2× “” Colo.Rev.Stat. § 8-80-103 exempts unemployment compensation “from levy, execution, attachment, or any other remedy provided for the collection of debt.”
Colorado Div. of Emp. & Training v. Wells, 693 P.2d 1027 (Colo. Ct. App. 1984).
· cites it 12× “The Division answered the writ by asserting that it could not withhold a portion of Young’s unemployment compensation because of express prohibitions contained in § 8-80-103, C.R.S. In June 1983, the trial court held a hearing on this issue.”
Borrayo v. Lefever, 159 P.3d 657 (Colo. Ct. App. 2006).
· cites it 2× “See § 8-80-103, C.R.S. 2005 ("[blenefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy for the collection of all debts except debts incurred for necessaries furnished to such individual, his spouse,…”
Schaerrer v. Westman Comm'n Co., 769 P.2d 1058 (Colo. 1989).
· cites it 2× “(1986) (worker's compensation benefits "shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy or recovery or collection of a debt, which exemption may not be waived"); *1064 § 8-80-103, 3B C.R.S. (1986) (unemployment compensation…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.