Colorado § 38-36-188 - Defendants to indemnity suit - judgment - how collected.
Full text of Colorado Colorado Revised Statutes § 38-36-188 — Defendants to indemnity suit - judgment - how collected., with citation guidance and answers to common questions.
§ 38-36-188. Defendants to indemnity suit - judgment - how collected.
(1) If such action is for recovery for loss or damage arising only through any omission, mistake, or misfeasance of the registrar of titles, or his deputies, or of any examiner of titles, or any clerk of court, or his deputy in the performance of their respective duties under the provisions of this article, the county treasurer shall be the sole defendant to such action. If such action is brought for loss or damage arising only through the fraud or wrongful act of some person other than the registrar or his deputies, the examiners of title, the clerk of the court, or his deputies, or arising jointly through the fraud or wrongful act of such other persons, and the omission, mistakes, or misfeasance of the registrar of titles or his deputies, the examiners of titles, or the clerk of the court, or his deputies, such action shall be brought against both the county treasurer and such persons.
(2) In all such actions where there are defendants other than the county treasurer and damages have been recovered, no final judgment shall be entered against the county treasurer until execution against the other defendants shall be returned unsatisfied in whole or in part, and the officer returning the execution shall certify that the amount still due upon the execution cannot be collected except by application to the indemnity fund. Thereupon, the court, being satisfied as to the truth of such return, shall order final judgment against the treasurer for the amount of the execution and costs, or so much thereof as remains unpaid. The county treasurer shall, upon such order of the court and final judgment, pay the amount of such judgment out of the assurance fund. It is the duty of the county attorney to appear and defend all such actions. If the funds in the assurance fund at any time are insufficient to pay any judgment in full, the balance unpaid shall draw interest at the legal rate of interest and be paid with such interest out of the first funds coming into said fund.
Source: L. 03: p. 346, § 86. R.S. 08: § 802. C.L. § 5012. CSA: C. 40, § 257. CRS 53: § 118-10-89. C.R.S. 1963: § 118-10-89.
ANNOTATION
Law reviews. For article, "The Torrens Title System in Colorado", see 39 Dicta 40 (1962).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-36-188
What does Colorado Revised Statutes § 38-36-188 cover?
Section 38-36-188 ("Defendants to indemnity suit - judgment - how collected.") 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 § 38-36-188?
A common citation format is "Colorado Revised Statutes § 38-36-188" (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 § 38-36-188 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.