Section 13-55-108 - Damages

If, after hearing of claim of exemption, the court determines that the property levied upon and seized, or any part thereof, is exempt and the officer making the levy in all matters obeys and abides by the order or judgment of the court, no right of action for other than actual damages suffered by the defendant shall exist against said officer or the plaintiff on account of such levy or seizure upon the ground of levying upon or seizure of exempt property. If such officer does not return the property seized and so found to be exempt within forty-eight hours, unless same is ordered sold as provided in section 13-55-109, then he is liable in damages for three times the value of the property seized.L. 35: p. 247, § 8. CSA: C. 93, § 37. CRS 53: § 77-4-8. C.R.S. 1963: § 77-4-8. L. 64: p. 285, § 210.