Wages a preferred claim. — Colorado Code § 8-10-101
Colorado Code § 8-10-101 — Wages a preferred claim.. Reproduced from the official Colorado Revised Statutes, with a citation summary, verification link, and related provisions.
§ 8-10-101. Wages a preferred claim.
When the business of any person, corporation, company, or firm is suspended by the action of creditors or put into the hands of a receiver or trustee, the debts owing to laborers, servants, or employees, which have occurred by reason of their labor or employment shall be considered and treated as preferred claims. Such laborers or employees shall be preferred creditors and shall first be paid in full. If there are not sufficient funds to pay them in full, they shall be paid from the proceeds of the sale of the property seized. Any person interested may contest any such claim, or part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property, and thereupon the claimant shall be required to reduce his claim to judgment before a court having jurisdiction thereof before any part thereof is paid.
Source: L. 03: p. 143, § 1. R.S. 08: § 6998. C.L. § 4243. CSA: C. 97, § 217. CRS 53: § 80-12-1. C.R.S. 1963: § 80-16-1.
ANNOTATION
Section should be liberally construed. This section intended to secure wage earners against loss of their earnings from insolvency of employers, is based upon a sound public policy and should be liberally construed in order to accomplish the purpose of its enactment. Central Sav. Bank v. Newton, 59 Colo. 150, 147 P. 690 (1915).
But this section cannot be invoked for the purpose of supporting a decision not based upon the letter or spirit of its enactment, for the general assembly has not created a lien, but has made debts due for labor preferred claims against the property of the debtor, made claimants for wages preferred creditors, and provided that they shall be first paid, which is quite a different thing from the creation of a statutory lien. Central Sav. Bank v. Newton, 59 Colo. 150, 147 P. 690 (1915).
This section contains no provisions as to the time in which exceptions to claims must be filed. Central Sav. Bank v. Newton, 59 Colo. 150, 147 P. 690 (1915).
For an early enactment on the subject of this section, see Ray v. Hiller, 11 Colo. 445, 18 P. 622 (1888).
Source: official Colorado text · Last verified 2026-08-27
At a glance
- Citation: Colorado Revised Statutes § 8-10-101
- Jurisdiction: Colorado
- Code: Colorado Revised Statutes
- Subject: Wages a preferred claim.
- Text: transcribed from the official source (verify below)
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