Except in cases of garnishment pursuant to article 54.5 of this title, in cases where a sheriff or other officer by virtue of a writ of execution, writ of attachment, or other order of court issued by a court of record or clerk thereof levies upon, seizes, or takes into his possession any property of […]
Notice of such levy or seizure of any property under a writ of execution, writ of attachment, or other order of court shall be served upon the defendant debtor by delivering a copy of such notice to the defendant debtor personally or by leaving a copy of such notice at the usual abode of the […]
Upon the filing of a written claim of exemption, all further proceedings with relation to the sale or other disposition of said property shall be stayed until the matter of such claim of exemption is determined. Source: L. 35: p. 245, § 3. CSA: C. 93, § 32. CRS 53: § 77-4-3. C.R.S. 1963: § […]
Upon the filing of such claim of exemption, the court of record shall set a time for the hearing of such claim of exemption, which shall not be less than seven days nor more than fourteen days thereafter. A written notice of the time and place of such hearing shall be given by the defendant […]
Upon such hearing, the court shall summarily try and determine the question as to whether or not the property, or any part thereof, so levied upon, seized, and taken into possession by the officer making such levy, as set forth in said written claim of exemption, is exempt and shall enter an order or judgment […]
Any order or judgment entered by the court as provided for by section 13-55-105 is a final judgment or order for the purpose of appellate review. Source: L. 35: p. 247, § 6. CSA: C. 93, § 35. CRS 53: § 77-4-6. C.R.S. 1963: § 77-4-6. L. 64: p. 284, § 209.
In case the defendant debtor fails to make written claim of exemption as provided in section 13-55-101, he conclusively waives his right of exemption under the statutes of this state and has no right of action against the officer making such levy or seizure or against the plaintiff on account of such levy or seizure […]
If, after hearing of claim of exemption, the court determines that the property levied upon and seized, or any part thereof, is exempt and the officer making the levy in all matters obeys and abides by the order or judgment of the court, no right of action for other than actual damages suffered by the […]
In case the court finds that a portion of such property is exempt to such value as is by statute fixed as being exempt but that the property seized is of a greater value and said property so seized cannot be readily divided, the court may order said property to be sold, and out of […]
Appellate review may be had from the final order or judgment entered in pursuance of this article as in other cases. Source: L. 35: p. 248, § 10. CSA: C. 93, § 39. CRS 53: § 77-4-10. C.R.S. 1963: § 77-4-10.
