Colorado § 38-10-115 - Creditors defined.
Full text of Colorado Colorado Revised Statutes § 38-10-115 — Creditors defined., with citation guidance and answers to common questions.
§ 38-10-115. Creditors defined.
"Creditors", as used in section 38-10-114, includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels remain in his possession or control.
Source: R.S. p. 340, § 15. G.L. § 1265. G.S. § 1524. R.S. 08: § 2669. C.L. § 5114. CSA: C. 71, § 15. CRS 53: § 59-1-15. C.R.S. 1963: § 59-1-15.
ANNOTATION
When attaching creditor not "creditor" within section. Where possession and control of the property had passed out of the vendor more than six months prior to the commencement of a suit by the attaching creditor, he is not a "creditor" within the definition of this section. Weiland v. Potter, 8 Colo. App. 79, 44 P. 769 (1896); Hendrie & Bolthoff Mfg. Co. v. Collins, 13 Colo. App. 8, 56 P. 815 (1899); Jones v. Mackenzie Bros. Wall Paper & Paint Co., 19 Colo. App. 121, 73 P. 847 (1903).
Wife with alimony claim is creditor. A wife who had a claim for alimony and a suit pending to secure a divorce and compel its payment is a creditor within the purview of this section. Gregory v. Filbeck, 12 Colo. 379, 21 P. 489 (1888); Hall v. Harrington, 7 Colo. App. 474, 44 P. 365 (1896).
Applied in Rizer v. McCarth, 3 Colo. App. 348, 33 P. 191 (1893); Fish v. East, 114 F.2d 177 (10th Cir. 1940).
Frequently Asked Questions About Colorado § 38-10-115
What does Colorado Revised Statutes § 38-10-115 cover?
Section 38-10-115 ("Creditors defined.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-10-115?
A common citation format is "Colorado Revised Statutes § 38-10-115" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-10-115 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.