Aetna Finance Co. v. Summers

ERICKSON, Justice.

We granted certiorari to review Aetna Finance Co. v. Summers, Colo.App., 618 P.2d 726 (1980), which held that mailing a notice of default and consumer’s right to cure by certified mail, return receipt requested, is not proper notice to the debtor under the Colorado Consumer Credit Code when notice is returned to the creditor marked “unclaimed.” We affirm.

The facts in this case are undisputed. On July 7, 1978, the respondent, Dorothy Summers, executed and delivered a promissory note in the amount of $1,434.60, payable in thirty monthly installments to the petitioner, Aetna…