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What is criminal theft in Colorado?
Can I sue for theft in Colorado?
What is civil theft?
What are the rights in stolen property in Colorado?
A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen, and:
Sep 8, 2020 · Civil Theft is a statutory remedy available in Colorado (and many other states), which serves to add remedies to the traditional economic tort of Conversion. Colorado Revised Statute Section 18-4-405 provides that any person who commits theft is liable in a private civil action for three times the amount of damages plus a mandatory award of ...
Unfortunately for those involved in Colorado theft, robbery and or burglary cases, provides a simple and effective tool to reach the assets of the convicted AND the non-convicted Defendant in a civil law suit…it is called the Rights in Stolen Property Statute. The law is straightforward.
Universal Citation: CO Code § 18-4-405 (2021) All property obtained by theft, robbery, or burglary shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his right to such property.
Colorado statutory law provides a civil cause of action for recovery of property where the elements of criminal theft have been met. Most commonly, allegations of civil theft are linked to missing or stolen funds, but may also stem from theft of tangible personal and real property.
Colorado’s Rights in Stolen Property statute allows a litigant asserting a civil theft claim to seek treble damages and attorney fees and obtain a judgment that may be non-dischargeable in bankruptcy. This article discusses the viability of such claims where the parties involved had a contract.
Colorado's civil theft statute, C.R.S. sec. 18-4-405, provides a powerful remedy. What Constitutes "Theft"? The statute's application is wider than its language suggests. The definition of "theft" is broad.
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