Colorado Code § 13-64-208

Funding the obligation
Open in Lexace · Ask the AI about this section
(1) If the court enters a judgment for periodic
payments under this part 2, then each party liable for all or a portion of the judgment, unless
found to be incapable of doing so, shall separately or jointly with one or more others provide the
funding for the periodic payments in a form prescribed in section 13-64-207, within sixty days
after the date the judgment is entered. A liability insurer having a contractual obligation and any
other person adjudged to have an obligation to pay all or part of a judgment for periodic
payments on behalf of a judgment debtor is obligated to provide such funding to the extent of its
contractual or adjudged obligation if the judgment debtor has not done so.
(2) A judgment creditor or successor in interest and any party having rights under
subsection (4) of this section may move that the court find that funding has not been provided
with regard to a judgment obligation owing to the moving party. Upon so finding, the court shall
order that funding complying with this article be provided within thirty days. If funding is not
provided within that time and subsection (3) of this section does not apply, then the court shall
calculate the present value of the periodic payment obligation and enter a judgment for that
amount in favor of the moving party.
(3) If a judgment debtor who is the only person liable for a portion of a judgment for
periodic payments fails to provide funding, then the right to present value payment described in
subsection (2) of this section applies only against that judgment debtor and the portion of the
judgment so owed.
(4) If more than one party is liable for all or a portion of a judgment requiring funding
under this part 2 and the required funding is provided by one or more but fewer than all of the
parties liable, the funding requirements are satisfied and those providing funding may proceed
under subsection (2) of this section to enforce rights for funding or present value payment to
satisfy or protect rights of reimbursement from a party not providing funding.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.