If any assignment of wages or other sums to be earned or to become due after the date of such assignment is contested by any creditor of the assignor, the burden of proof that the assignment was recorded as provided in section 8-9-103 or that the creditor had actual notice of the assignment at the time garnishee summons was issued and that the assignment was made in accordance with the provisions of this article rests upon the assignee under the assignment.
Source: L. 49: p. 232, § 5. CSA: C. 97, § 234(1). CRS 53: § 80-11-5. C.R.S. 1963: § 80-15-5.
Structure Colorado Code
Article 9 - Assignment of Wages
§ 8-9-101. Assignment of Wages - Requirements
§ 8-9-102. Copies to Be Given Employer and Assignor
§ 8-9-103. When Assignment Must Be Recorded
§ 8-9-104. Joinder of Wife or Husband in Assignment - Acknowledgment
§ 8-9-105. Burden of Proof of Validity on Assignee