2020 Colorado Revised Statutes
Title 5 - Consumer Credit Code
Article 3. Regulation of Agreements and Practices
Section 5-3-105. Notice to cosigners and similar parties.
(1) No natural person, other than the spouse of the consumer, shall be obligated as a cosigner, comaker, guarantor, endorser, surety, or similar party with respect to a consumer credit transaction, unless before or contemporaneously with signing any agreement of obligation or any writing setting forth the terms of the consumer's agreement, the person receives a written notice that contains a completed identification of the debt he or she may have to pay and reasonably informs such person of his or her obligation with respect to it. Such written notice may be set forth in the consumer's agreement of obligation or in a separate writing. For purposes of this section, the word "cosigner", "comaker", "guarantor", "endorser", or "surety" means a natural person who, by agreement and without compensation, renders himself or herself liable for the obligation of another in a consumer credit transaction, and the terms "agreement" and "consumer's agreement" mean the original underlying agreement.
The notice required by this section must be clear and conspicuous notice and complywith the disclosure requirements of 16 CFR 444.3, 12 CFR 227.14, or 12 CFR 535.3.
The notice required by this section need not be given to a seller, lessor, or lender whois obligated to an assignee of his or her rights.
A person entitled to notice pursuant to this section shall also be given a copy of anywriting setting forth the terms of the consumer's agreement and of any separate agreement of obligation signed by the person entitled to the notice.
A cosignor is entitled to a notice of right to cure pursuant to sections 5-5-110 (4) and5-5-111 (3).
Source: L. 2000: Entire article R&RE, p. 1216, § 1, effective July 1.
Editor's note: (1) This section is similar to former § 5-5-109, as it existed prior to 2000.
(2) Although this section was effective July 1, 2000, section 5 of chapter 265, Session Laws of Colorado 2000, provides that the disclosures described in subsection (5) are effective January 1, 2001.
