A motor vehicle dealer's right to receive payments from a manufacturer or distributor required by section 44-20-124 (1)(l) and (1)(r) is not liable to attachment or execution and may not otherwise be seized, taken, appropriated, or applied in a legal or equitable process or by operation of law to pay the debts or liabilities of the manufacturer or distributor. This section shall not prohibit a secured creditor from exercising rights accrued pursuant to a security agreement if the right arose as a result of the manufacturer or distributor voluntarily creating a security interest before paying existing debts or liabilities of the manufacturer or distributor. This section shall not prohibit a manufacturer or distributor from withholding a portion of the payments necessary to cover an amount of money owed to the manufacturer or distributor as an offset to the payments if the manufacturer or distributor provides the motor vehicle dealer written notice thereof.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 87, § 2, effective October 1.
Editor's note: This section is similar to former § 12-6-128 as it existed prior to 2018.
Structure Colorado Code
Title 44 - Revenue - Regulation of Activities
Article 20 - Sale of Self-Propelled Vehicles
Part 1 - Motor Vehicle Dealers
§ 44-20-101. Legislative Declaration
§ 44-20-103. Motor Vehicle Dealer Board - Creation
§ 44-20-104. Board - Oath - Meetings - Powers and Duties - Rules
§ 44-20-106. Records as Evidence
§ 44-20-107. Attorney General to Advise and Represent
§ 44-20-108. Classes of Licenses
§ 44-20-109. Temporary Motor Vehicle Dealer License
§ 44-20-110. Display, Form, Custody, and Use of Licenses
§ 44-20-111. Fees - Disposition - Expenses - Expiration of Licenses
§ 44-20-113. Motor Vehicle Salesperson's Bond
§ 44-20-114. Buyer Agent Bonds
§ 44-20-115. Notice of Claims Honored Against Bond
§ 44-20-116. Testing Licensees
§ 44-20-117. Filing of Written Warranties
§ 44-20-119. Notice of Change of Address or Status
§ 44-20-120. Principal Place of Business - Requirements
§ 44-20-121. Licenses - Grounds for Denial, Suspension, or Revocation
§ 44-20-122. Procedure for Denial, Suspension, or Revocation of License - Judicial Review
§ 44-20-126. Independent Control of Dealer - Definitions
§ 44-20-127. Successor Under Existing Franchise Agreement - Duties of Manufacturer
§ 44-20-129. Fines - Disposition - Unlicensed Sales
§ 44-20-130. Drafts Not Honored for Payment - Penalties
§ 44-20-131. Right of Action for Loss
§ 44-20-132. Contract Disputes - Venue - Choice of Law
§ 44-20-133. Disposition of Fees - Auto Dealers License Fund - Created
§ 44-20-134. Advertisement - Inclusion of Dealer Name
§ 44-20-135. Audit Reimbursement Limitations - Dealer Claims
§ 44-20-136. Reimbursement for Right of First Refusal
§ 44-20-137. Payout Exemption to Execution
§ 44-20-138. Site Control Extinguishes
§ 44-20-139. Modification Voidable
§ 44-20-140. Termination Appeal
§ 44-20-141. Stop-Sale Directives - Used Motor Vehicles - Definitions
§ 44-20-141.5. Fulfillment and Compensation for Warranty and Recall Obligations - Definitions
§ 44-20-141.6. Fulfillment of Warranty and Recall Obligations - Recreational Vehicles - Definitions