2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 55 - Method of Claiming Exemption
§ 13-55-102. Service of Notice of Levy

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 defendant debtor with some member of his family over the age of fifteen years. In the event the defendant is a nonresident, or absent from the state or conceals himself or herself so personal service cannot be had upon him or her, then service of such notice of levy or seizure shall be made by publication thereof for a period of fourteen days in some newspaper published in the county in which said property was so levied upon or seized, or, if there is no newspaper published in such county, then like publication shall be made in a newspaper in an adjoining county, and the clerk of the court of record shall mail a copy of such notice to the defendant debtor directed to him or her at his or her last-known address, postage prepaid. Such notice, with proof of service thereof and, in case of publication, affidavit of publication and affidavit of mailing of notice shall be filed with the clerk of the court of record from which such writ of execution, writ of attachment, or other order of court was issued.

History. Source: L. 35: P. 245, § 2. CSA: C. 93, § 31. CRS 53: § 77-4-2. C.R.S. 1963: § 77-4-2. L. 64: P. 283, § 206. L. 2012: Entire section amended,(SB 12-175), ch. 208, p. 828, § 20, effective July 1. History. Source: L. 35: P. 245, § 2. CSA: C. 93, § 31. CRS 53: § 77-4-2. C.R.S. 1963: § 77-4-2. L. 64: P. 283, § 206. L. 2012: Entire section amended,(SB 12-175), ch. 208, p. 828, § 20, effective July 1.

For requirements of publication of notice, as required by this section, see § 24-70-106 .

This prescribed procedure must be strictly followed. The remedy of attachment is in derogation of the common law, and must be strictly followed. Any failure to conform to prescribed procedures, all being necessary and mandatory, is fatal and the writ is of no validity. Jayne v. Peck, 155 Colo. 513 , 395 P.2d 603 (1964).