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Re: linda1 post# 3667

Sunday, 03/24/2019 6:53:14 AM

Sunday, March 24, 2019 6:53:14 AM

Post# of 9365
this may be the section. if so, then four years (could add 1 year based on when "fraud" realized).

Remedies of the creditor previously stated that the creditor may obtain an attachment or remedy against the asset transferred in accordance with the procedures specifically described by sections 16-110-201;211. Now, the creditor is allowed to attach property if the remedy is available under applicable law. 4-59-207(a)(2). The regulation more generally allows the attachment subject to principles of equity and applicable rules of civil procedure. 4-59-207(a)(3).

A claim for relief with respect to a transfer or obligation will be extinguished unless an action is brought no later than four years after the transfer was made or the obligation was incurred. 4-59-209(a). The regulation has increased the length of time, whereby previously only three years was allowed. Moreover, if it has been longer than four years, it may not be later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant. 4-59-209(a).

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