(1) When the lienor has received a judgment and after giving ten days' prior notice of the time and place of such sale, with a description of the property to be sold, by one publication in some newspaper published in the county wherein he or she resides or, if there is no such newspaper, by posting in three public places within such county and after delivering to the owner of such personal property or, if he or she does not reside in the county, transmitting by mail to him or her at his or her usual place of abode, if known, a copy of such notice, he or she may proceed to sell all such personal property, or so much thereof as may be necessary, at public auction, for cash in hand, at any public place within such county between the hours of 10 a.m. and 4 p.m. of the day appointed. From the proceeds thereof he or she may pay the reasonable costs of such foreclosure, notice, and sale and any necessary and reasonable charges for the preserving, maintaining, feeding, boarding, or caring for the property on which he or she has a lien, together with the reasonable cost of keeping such property up to the time of sale, but the reasonable costs of keeping such property up to the time of sale shall not exceed ninety dollars. He or she shall render the residue of the proceeds and of the property unsold to the owner.
(2) Where property upon which the lien is being foreclosed is in danger of serious and immediate decay or waste or is likely to depreciate rapidly in value pending the determination of the issue or where the keeping of it will be attended with great expense, the lienholder, as plaintiff to the action, may apply to the court, upon due notice as the court may direct, for a sale thereof; and, thereupon, the court in its discretion may order the property sold in the manner provided for in said order, and the proceeds of said sale shall be deposited with the clerk of the court to abide the further order of the court. Upon application for such order for sale, the court in its discretion, upon good cause shown, may require the plaintiff to give bond in an amount to be fixed by the court for the payment to the defendant of such amount as the defendant may be entitled to for damages sustained by the defendant in the event of wrongful foreclosure. The bond shall be secured by two or more sureties, by one corporate surety authorized to do business in this state, or by cash bond, to be approved by the court.
Source: L. 1883: p. 238, § 6. G.S. § 2123. R.S. 08: § 4018. C.L. § 6435. CSA: C. 101, §
CRS 53: § 86-1-8. C.R.S. 1963: § 86-1-8. L. 75: Entire section amended, p. 1417, § 3, effective April 24. L. 77: Entire section amended, p. 1710, § 5, effective May 18. L. 2005: (1) amended, p. 638, § 5, effective May 27.
Cross references: For publication of legal notices, see part 1 of article 70 of title 24.
Sale void, when. (Repealed)
Source: L. 1883: p. 239, § 7. G.S.: § 2124. R.S. 08: § 4019. C.L. § 6436. CSA: C. 101, § 9. CRS 53: § 86-1-9. C.R.S. 1963: § 86-1-9. L. 75: Entire section repealed, p. 1419, § 9, effective April 24.
Lienor may purchase. At such sale the person to whom such lien is given may become the purchaser.
Source: L. 1883: p. 239, § 8. G.S. § 2125. R.S. 08: § 4020. C.L. § 6437. CSA: C. 101, § 10. CRS 53: § 86-1-10. C.R.S. 1963: § 86-1-10.
Sale continued - when - record. In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day at the place of sale. Upon the completion of such sale, the person to whom the lien is given shall cause a bill of sale thereof to be filed with the court in which judgment was taken, in which shall be set down the sum for which each separate article of property was sold and the name of the purchaser. The court shall record such bill of sale in its docket and preserve the original thereof.
Source: L. 1883: p. 239, § 9. G.S. § 2126. R.S. 08: § 4021. C.L. § 6438. CSA: C. 101, § 11. CRS 53: § 86-1-11. C.R.S. 1963: § 86-1-11. L. 64: p. 289, § 224. L. 75: Entire section amended, p. 1418, § 4, effective April 24.
Lien no bar to suit for charges. Nothing in this article shall take away the right of action of the party to whom such lien is given to satisfy his judgment pursuant to law and the Colorado rules of civil procedure for his charges or for any residue thereof after sale of such property.
Source: L. 1883: p. 239, § 10. G.S. § 2127. R.S. 08: § 4022. C.L. § 6439. CSA: C. 101, § 12. CRS 53: § 86-1-12. C.R.S. 1963: § 86-1-12. L. 75: Entire section amended, p. 1418, § 5, effective April 24.
Clerk of sale. At such sale the person to whom such lien is given may appoint a clerk and crier.
Source: L. 1883: p. 239, § 11. G.S. § 2128. R.S. 08: § 4023. C.L. § 6440. CSA: C. 101, § 13. CRS 53: § 86-1-13. C.R.S. 1963: § 86-1-13.
Sale fees. Clerks of the county or district court may charge for recording each bill of sale a fee as authorized by section 13-32-104, C.R.S.
Source: L. 1883: p. 239, § 12. G.S. § 2129. R.S. 08: § 4024. C.L. § 6411. CSA: C. 6441, § 14. CRS 53: § 86-1-14. C.R.S. 1963: § 86-1-14. L. 64: p. 290, § 225. L. 75: Entire section R&RE, p. 1418, § 6, effective April 24. L. 87: Entire section amended, p. 1583, § 45, effective July 10.
Abandoned property - notice of sale - definitions. (1) Property is presumed to be abandoned if the owner has failed to contact the lienholder for a period of not less than thirty days and the lienholder, in good faith, is without knowledge of any evidence indicating that the owner does not intend to abandon the property.
(2) At least fifteen days prior to selling or otherwise disposing of abandoned property, the lienholder shall notify the owner of the proposed manner and date of disposition by transmitting said notice to the owner's last known address by registered or certified mail, return receipt requested, signed by the addressee only. The lienholder shall maintain in his records for a period of one year a copy of said notice together with the return receipt signed by the addressee, or, if said notice is returned unclaimed, said notice and the proof of return unclaimed shall be so maintained. If the written notice is returned unclaimed, the lienholder shall publish said notice at least one day in a newspaper in the county in which the property is located or, if no newspaper is published in that county, then a newspaper in some adjoining county.
(2.5) (a) The provisions of this subsection (2.5) shall apply to abandoned motor vehicles at repair shops.
(b) For purposes of this subsection (2.5), unless the context otherwise requires:
(I) "Abandoned motor vehicle" means a motor vehicle:
That has been left at a repair shop by the motor vehicle's owner, the owner's agent,or an operator hired by the owner or owner's agent;
That the repair shop has offered to repair and for which the repair shop has preparedan estimate of repair costs;
That the owner or the owner's agent has refused to authorize repairs to, has refusedto remove from the repair shop upon request, or has refused to pay for authorized and completed repairs to the vehicle. If a repair shop is unable, despite good faith efforts, to obtain a response from the owner or the owner's agent regarding the authorization of repairs, payment for authorized and completed repairs, or the removal of a motor vehicle, the owner or owner's agent shall be deemed to have refused to grant authorization, make payment, or remove the motor vehicle five working days following the repair shop's last good faith effort to contact the owner or owner's agent.
That is not the subject of sale negotiations or a sale agreement between the owner orthe owner's agent and the repair shop.
"Department" means the department of revenue.
"Division" means the division of motor vehicles in the department.
"Lienholder" means a person who holds a security interest in a motor vehicle underarticle 9 of title 4, C.R.S. For purposes of this subsection (2.5) only, "lienholder" shall not refer to the holder of a lien established pursuant to section 38-20-106.
(c) If a repair shop seeks to obtain a certificate of title for an abandoned motor vehicle for purposes of selling such vehicle, a repair shop, or where practicable, its agent, shall:
At least fifteen days after the vehicle becomes an abandoned motor vehicle, establishthe retail fair market value of the vehicle either by reference to sources generally accepted within the insurance industry, including price guide books and computerized valuation services, or by seeking a Colorado licensed automobile dealer or certified appraisal;
(A) Have the abandoned motor vehicle inspected and a verification of vehicle identification number completed by a peace officer certified pursuant to section 42-5-206, C.R.S. Such inspection shall not be over one year old when the repair shop or its agent seeks to obtain a certificate of title to the abandoned motor vehicle.
(B) If the verification of the vehicle identification number reveals that the vehicle is stolen, the peace officer completing the verification shall recover and secure the motor vehicle and notify its rightful owner.
Request a Colorado title record search of the vehicle identification number of theabandoned motor vehicle from the division or check the electronic system implemented by the department as required in section 42-4-2103 (3)(c)(III), C.R.S., to obtain correct information relating to any owner and lienholder of the abandoned motor vehicle as represented in the department records. In addition to requesting a Colorado title record search, if the abandoned motor vehicle is an out-of-state vehicle, the repair shop or its agent shall request a title and lien search from the other state.
Use the information provided through the Colorado title record search or out-ofstate title and lien search to notify by certified mail the owner of record, including an out-of-state owner of record, and all lienholders of its possession of the abandoned motor vehicle. The notice shall specify the location of the repair shop and that, unless claimed within thirty calendar days after the date the notice was sent, as determined from the postmark on the notice, the motor vehicle is subject to sale. The repair shop or its agent shall keep the proof of notification on file for three years from the date of mailing.
Purchase a surety bond for twice the retail fair market value of the abandoned motorvehicle as established under subparagraph (I) of this paragraph (c);
Write a statement under penalty of perjury that includes the following information:
That the repair shop or its agent notified the owner and any lienholders of the abandoned motor vehicle as required in subparagraph (IV) of this paragraph (c) and that neither the owner nor any lienholder has attempted to claim the abandoned motor vehicle within the time prescribed in subparagraph (IV) of this paragraph (c);
The business name and address of the repair shop;
The year, make, model, and vehicle identification number of the abandoned motorvehicle;
The date the abandoned motor vehicle was left at the repair shop;
The name of the person who left the abandoned motor vehicle at the repair shop. Therepair shop or its agent shall provide a copy of any estimate as defined in section 42-9-102 (1.5), C.R.S., or work order as defined in section 42-9-102 (6), C.R.S. If the parties entered into an oral agreement, the repair shop shall provide the record of such communication as specified in section 42-9-104 (1)(c), C.R.S.
Whether the abandoned motor vehicle is roadworthy as defined in section 42-6-102 (15), C.R.S.; and
(VII) (A) Not less than thirty days after the postmarked date of the notice mailed pursuant to subparagraph (IV) of this paragraph (c), present documentation of the requirements specified in subparagraphs (I) to (VI) of this paragraph (c) to the county motor vehicle office in the county in which the repair shop is located and apply for a certificate of title for the abandoned motor vehicle.
(B) If the retail fair market value of the abandoned motor vehicle is less than two hundred dollars, the sale shall be made only for the purpose of junking, scrapping, or dismantling the motor vehicle, and the purchaser thereof shall not, under any circumstances, be entitled to a certificate of title. The repair shop shall cause to be executed and delivered to the person purchasing the motor vehicle a bill of sale. The bill of sale shall state that the purchaser acquires no right to a certificate of title for such vehicle. The repair shop shall promptly submit together to the department a report of sale and a copy of the bill of sale and shall also deliver a copy of the report of sale to the purchaser of the motor vehicle. Upon receipt of any report of sale with supporting documents on any sale made pursuant to this sub-subparagraph (B), the department shall purge the records for the vehicle as provided in section 42-4-2109 (1)(b) and shall not issue a new certificate of title for the vehicle. Any certificate of title issued in violation of this sub-subparagraph (B) shall be void.
(d) (I) After the repair shop or its agent has obtained a certificate of title for the abandoned motor vehicle as specified in paragraph (c) of this subsection (2.5), the repair shop or its agent shall sell the motor vehicle in a commercially reasonable manner at a public or private sale.
(II) Nothing in this subsection (2.5)(d) requires a repair shop to be a licensed dealer pursuant to part 1 of article 20 of title 44 for purposes of selling a motor vehicle pursuant to this section.
(e) The department may promulgate rules in accordance with article 4 of title 24, C.R.S.
or create department-approved forms as may be appropriate to satisfy the requirements of this subsection (2.5).
(3) (a) The following provisions shall apply to molds, as defined in section 38-20-101:
In the absence of an agreement to the contrary, a customer shall have all rights andtitle to any mold in the possession of a molder that was used to perform work for such customer; except that, if a customer has not claimed possession of a mold within three years following its last prior use, such mold shall be presumed to be abandoned by the customer and all rights and title to such mold shall be transferred to the molder who shall destroy or otherwise dispose of such mold as abandoned property in accordance with this section. For purposes of this subsection (3), "within three years following its last prior use" means any period following the last prior use of the mold and includes periods preceding September 30, 1998.
Any molder who desires to have all rights and title to a mold shall send writtennotice to the customer's last-known address by registered or certified mail return receipt requested, signed by the addressee only. If the written notice is returned unclaimed, the molder shall publish said notice at least one day in a newspaper of general circulation in the area in which the mold is located. Such written notice shall clearly indicate that the molder intends to terminate the customer's rights and title to the mold described in such notice and shall include a recitation of the customer's rights, as set forth in this section.
If a customer does not respond to the written notice sent pursuant to subparagraph(II) of this paragraph (a) within one hundred twenty days after the date of such notice to claim possession of the mold or does not make other contractual arrangements with the molder for storage of such mold, all rights and title of the customer to such mold shall transfer to the molder. Such molder may then destroy or otherwise dispose of the mold without risk of liability to the customer.
The molder shall maintain in such molder's records for a period of one year a copyof the notice sent pursuant to subparagraph (II) of this paragraph (a), together with the return receipt signed by the addressee, or, if said notice is returned unclaimed, said notice and the proof of return unclaimed shall be so maintained.
(b) Nothing in this subsection (3) shall require a molder to commence a judicial action to foreclose on a molders' lien if such mold is abandoned, as such term is defined in this section, and nothing in this subsection (3) shall be interpreted to eliminate any right of action a molder may have against a customer for unpaid charges, damages, costs, or attorney fees, if provided for by contract.
Source: L. 75: Entire section added, p. 1418, § 7, effective April 24. L. 98: (3) added, p. 365, § 5, effective September 30. L. 2008: (2.5) added, p. 539, § 1, effective January 1, 2009. L. 2009: (2.5)(c)(III) amended, (HB 09-1322), ch. 317, p. 1706, § 1, effective June 1; (2.5)(a) and IP(2.5)(b) amended, (SB 09-292), ch. 369, p. 1980, § 113, effective August 5. L. 2017: (2.5)(d)(II) amended, (SB 17-240), ch. 395, p. 2065, § 47, effective July 1. L. 2018: (2.5)(d)(II) amended, (SB 18-030), ch. 7, p. 140, § 12, effective October 1.