Colorado § 6-10-109 - Priority of claims - notice.

§ 6-10-109. Priority of claims - notice.

An assignee shall promptly give notice of an assignment by publication for four weeks in a newspaper in the county, if any, and, if there is none, then in the nearest county. The assignee shall also promptly send a notice by mail to each creditor of whom the assignee is aware, directed to the creditor's usual place of residence, stating the estimate of the aggregate value of all the property of the assignor, stating the estimate of the amount of the assignor's liabilities, and notifying the creditor to present the creditor's claim, under oath, to the assignee within three months after the mailing of the notice. It is the duty of each creditor to present the creditor's claim in the manner and within the time mentioned in the notice. Claims filed within the first three months have priority over those filed thereafter, unless a creditor can show, to the satisfaction of the court, that the creditor never received the notice. Proof of notice by mail shall be made by affidavit by the assignee giving a list of creditors and the name of the post office where notice was sent within ten days after the mailing of the same. Proof of the notice by publication shall be made by affidavit of the printer or publisher within ten days after the last publication or fees shall not be allowed the assignee for such notice by mail or publication.

Source: L. 1897: p. 96, § 9. R.S. 08: § 182. C.L. § 6249. CSA: C. 12, § 9. CRS 53: § 11-1-9. C.R.S. 1963: § 11-1-9. L. 2026: Entire section amended, (HB 26-1426), ch. 334, p. 2008, § 46, effective August 12.

Cross references: For clarification of publication terms, see § 24-70-106.

ANNOTATION

An assignee is an officer of the court and responsible for an accounting to the court, the debtors, and the debtor's creditors. People v. Radinsky, 176 Colo. 357, 490 P.2d 951 (1971).

However, creditor presumed to see notice. The published notice of the assignment may never fall under a particular creditor's observation, and he may therefore be without actual information of the fact; but the presumption is otherwise, and upon this presumption or constructive notice, the presumption of assent under § 6-10-105 is based. Spangler v. Sanborn, 7 Colo. App. 102, 43 P. 905 (1896).

Where it is obviously impossible that the required notice should have been given between the time of filing the deed for record and at the time of the levy of an attachment, with an attaching creditor having no knowledge or notice of the assignment, there is then, on his part, no assent in fact, and nothing from which the law would presume his assent. His levy is therefore not attended by the impediment of a presumptive assent, and is not invalidated by anything contained in § 6-10-105. Spangler v. Sanborn, 7 Colo. App. 102, 43 P. 905 (1896).