The Colorado 26 form, known as the Writ of Continuing Garnishment, is a legal document used in the state of Colorado to direct a third party, often an employer, to withhold earnings from a judgment debtor. This form outlines the amounts owed and the process that the garnishee must follow to comply with the court's order. Understanding this form is essential for both judgment creditors and debtors to navigate the garnishment process effectively.
The Colorado 26 form, officially known as the Writ of Continuing Garnishment, serves as a critical legal instrument within the state's bankruptcy proceedings. This form is utilized primarily to facilitate the garnishment of a judgment debtor's earnings, allowing creditors to collect on debts that have been legally established through a court judgment. It outlines essential details such as the names and addresses of the involved parties, including the judgment creditor and the garnishee, who is typically the debtor's employer. The form specifies the original amount of the judgment, any interest accrued, and additional costs, ultimately calculating the total amount due. It also establishes the effective garnishment period, which varies based on the date the judgment was entered. The responsibilities of the garnishee are clearly delineated, including the requirement to respond under oath regarding any earnings owed to the judgment debtor and to remit nonexempt earnings during the garnishment period. Furthermore, the form includes provisions for the judgment debtor, ensuring they are informed of their rights and the process. Understanding the nuances of the Colorado 26 form is essential for both creditors seeking to enforce judgments and debtors aiming to navigate their financial obligations effectively.
United States Bankruptcy Court, District of Colorado U.S. Custom House, 721 – 19th Street
Denver, Colorado 80202-2508
Plaintiff(s)/Petitioner(s):
v.
Defendant(s)/Respondent(s):
Judgment Creditor’s Attorney or Judgment Creditor (Name and Address):
Phone Number:
E-mail:
FAX Number:
Atty. Reg. #:
COURT USE ONLY
Case Number:
Division Courtroom
WRIT OF CONTINUING GARNISHMENT
`
Judgment Debtor’s name, last known address, other identifying information: _______________________________________
____________________________________________________________________________________________________
1.Original or Revived Amount of Judgment Entered on ______________________ (date) for $_____________________
DATE SUIT WAS COMMENCED:
a. Effective Garnishment Period
(Mark Appropriate Box)
91 days (Judgment entered prior to August 8, 2001)
Prior to May 1, 1991
182 days (Judgment entered on or after August 8, 2001)
On or After May 1, 1991
2.
Plus any Interest Due on Judgment (_______% per annum)
$____________________
3.
Taxable Costs (including estimated cost of service of this Writ)
4.
Less any Amount Paid
5. Principal Balance/Total Amount Due and Owing
I affirm that I am authorized to act for the Judgment Creditor and this is a correct statement as of _________________ (date).
Subscribed under oath before me on _______________ (date)
___________________________________________
Print Judgment Creditor’s Name
__________________________________________
Address: ___________________________________
Notary Public or Deputy Clerk
My Commission Expires: ___________________________
By: ________________________________________
Signature (Type Name, Title, Address and Phone)
THE PEOPLE OF THE STATE OF COLORADO to the Sheriff of any Colorado County or to any person 18 years or older and who is not a party to this action:
You are directed to serve TWO COPIES of this Writ of Continuing Garnishment upon ______________________, Garnishee,
with proper return of service to be made to the Court.
TO THE GARNISHEE: YOU ARE SUMMONED AS GARNISHEE IN THIS ACTION AND ORDERED:
a.To answer the following questions under oath and mail your answers to the Judgment Creditor named above Judgment Creditor’s Attorney or if the Judgment Creditor is not a licensed collection agency and has no attorney, to the Clerk of the Court no less than 7 nor more than 14 days following the time you pay the Judgment Debtor for the first time following service of this Writ, or 42 days following service of this Writ upon you, whichever is less. YOUR FAILURE
TO ANSWER THIS WRIT OF CONTINUING GARNISHMENT MAY RESULT IN THE ENTRY OF A DEFAULT AGAINST YOU.
FORM 26 R7/12 WRIT OF CONTINUING GARNISHMENT
Page 1 of 4
© 2012 Colorado Judicial Department for use in the Courts of Colorado
b.To pay any nonexempt earnings to the party designated in “e” below no less than 7 nor more than 14 days following each time you pay the Judgment Debtor during the effective Garnishment Period of this Writ and attach a copy of the Calculation of the Amount of Exempt Earnings used (the Calculation under “Questions to be Answered by Garnishee” should be used for the first pay period, and one of the multiple Calculation forms included with this Writ should be used for all subsequent pay periods).
c.To deliver a copy of this Writ, together with the Calculation of the Amount of Exempt Earnings and a blank Objection to Calculation of the Amount of Exempt Earnings form, the first time you pay the Judgment Debtor.
d.To deliver to the Judgment Debtor a copy of each subsequent Calculation of the Amount of Exempt Earnings each time you pay the Judgment Debtor for earnings subject to this Writ.
e.MAKE CHECKS PAYABLE AND MAIL TO: Judgment Creditor named above; Judgment Creditor’s Attorney or if the Judgment Creditor is not a licensed collection agency and has no attorney; to the Clerk of the _______________ Court Name: __________________________________________________________________________________________
Address: ___________________________________________________________________________________________________
PLEASE PUT THE CASE NUMBER (shown above) ON THE FRONT OF THE CHECK.
CLERK OF THE COURT
By Deputy Clerk: ________________________________
Kenneth S. Gardner
Date: ______________________________________
NOTICE TO GARNISHEE
a.This Writ applies to all nonexempt earnings owed or owing during the Effective Garnishment Period shown on Line 1a on the front of this Writ or until you have paid to the party, designated in paragraph “e” on the front of this Writ, the amount shown on Line 5 on the front of this Writ, whichever occurs first. However, if you have already been served with a Writ of Continuing Garnishment for Child Support, this new Writ is effective for the Effective Garnishment Period after any prior Writ terminates.
b.“Earnings” includes all forms of compensation for Personal Services. Also read “Notice to Judgment Debtor” below.
c.In no case may you withhold any amount greater than the amount on Line 5 on the front of this Writ.
QUESTIONS TO BE ANSWERED BY GARNISHEE
Judgment Debtor’s Name:
The following questions MUST be answered by you under oath:
a.On the date and time this Writ of Continuing Garnishment was served upon you, did you owe or do you anticipate owing any of the following to the Judgment debtor within the Effective Garnishment Period shown on Line 1a on the front of this Writ? (Mark appropriate box(es)):
1.WAGES/SALARY/COMMISSIONS/BONUS/OTHER COMPENSATION FOR PERSONAL SERVICES (Earnings)
2.Health, Accident or Disability Insurance Funds or Payments
3.Pension or Retirement Benefits (for suits commenced prior to 5/1/91 ONLY - check front of Writ for date)
If you marked any box above, indicate how the Judgment debtor is paid: weekly bi-weekly semi-monthly
monthly other The Judgment Debtor will be paid on the following dates during the Effective Garnishment Period shown on Line 1a (front of this Writ):________________________________________________________________
b.Are you under one or more of the following writs of garnishment? (Mark appropriate box(es)):
4.Writ of Continuing Garnishment (Expected Termination Date: ___________________________________)
5.Writ of Garnishment for Support (Expected Termination Date: ___________________________________)
c.If you marked Box 1 and you did NOT mark either Box 4 or 5, complete the Calculation below for the “First Pay Period” following receipt of this Writ. If you marked either Box 4 or 5, you must complete Calculations beginning with the first pay period following termination of the prior writ(s).
Page 2 of 4
d.If you marked Box 2 or 3 and you did NOT mark either Box 4 or 5, complete the Calculation below for the “First Pay Period” following receipt of this Writ. If you marked either box 4 or 5, you must complete Calculations beginning with the first pay period following termination of the prior writ(s). However, there are a number of total exemptions, and you should seek legal advice about such exemptions. If the earnings are totally exempt, please mark box 6 below:
6. The earnings are totally exempt because:
CALCULATION OF THE AMOUNT OF EXEMPT EARNINGS (First Pay Period)
Gross Earnings for the First Pay Period from ______________ thru _______________
$ ___________________
Less Deductions Required by Law (For Example, Withholding Taxes, FICA)
- $ ____________________
Disposable Earnings (Gross Earnings less Deductions)
= $ ____________________
Less Statutory Exemption (Use Exemption Chart Below)
Net Amount Subject to Garnishment
Less Wage/Income Assignment(s) During Pay Period (If Any)
Amount to be withheld and paid
= $ ___________________
EXEMPTION CHART
PAY PERIOD
AMOUNT EXEMPT IS THE GREATER OF:
(“Minimum Hourly Wage” means
Weekly
30 x Minimum Hourly Wage or 75% of Disposable Earnings
state or federal minimum wage,
Bi-weekly
60 x Minimum Hourly Wage or 75% of Disposable Earnings
whichever is greater.)
Semi-monthly
65 x Minimum Hourly Wage or 75% of Disposable Earnings
Monthly
130 x Minimum Hourly Wage or 75% of Disposable Earnings
I certify that I am authorized to act for the Garnishee; that the above answers are true and correct; and that I have delivered a copy of this Writ, together with the Calculation of the Amount of Exempt Earnings and a blank Objection to Calculation of the Amount of Exempt Earnings form to the Judgment Debtor at the time earnings were paid for the “First Pay Period” (if earnings were paid).
Name of Garnishee (Print) ________________________________
Address Phone Number
Subscribed under affirmation or oath before me on __________________ (date)
_________________________________________________
Notary Public/Deputy Clerk
Name of Person Answering (Print)
________________________________________________________
Signature of Person Answering
NOTICE TO JUDGMENT DEBTOR
a.The Garnishee may only withhold nonexempt earnings from the amount due you, but in no event more than the amount on Line 5 on the front of this Writ, UNLESS YOUR EARNINGS ARE TOTALLY EXEMPT, in which case NO EARNINGS CAN BE WITHHELD. You may wish to contact a lawyer who can explain your rights.
b.If you disagree with the amount withheld, you must talk with the Garnishee within 7 days after being paid.
c.If you cannot settle the disagreement with the Garnishee, you may complete and file the attached Objection with the Clerk of the Court issuing this Writ within 14 days after being paid. YOU MUST USE THE FORM ATTACHED or a copy of it.
d.You are entitled to a court hearing on your written objection.
e.Your employer cannot fire you because your earnings have been garnished. If your employer discharges you in violation of your legal rights, you may, within 91 days, bring a civil action for the recovery of wages lost because you were fired and for an order requiring that you be reinstated. Damages will not exceed 6 weeks’ wages and attorney fees.
Page 3 of 4
RETURN OF SERVICE
Judgment Debtor’s Name: ___________________________________ Case Number: ___________________
I certify that I am 18 years or older; that I am not a party to the action; and that I have served two copies of the Writ of Continuing Garnishment, together with a blank Objection to Calculation of the Amount of Exempt Earnings on
________________________ (name of party) in _______________________ (County) ___________________ (State) on
___________________________ (date) __________ (time) at the following location:
By (Check one):
By handing it to a person identified to me as ______________________________ (name of garnishee).
By leaving it with _________________________________________ (Type or write name legibly), who is designated to
receive service because of a legal relationship with _______________________ (name of garnishee) as provided for in
C.R.C.P. 4(e).
I attempted to serve ___________________________ (name of garnishee) on _______ occasions but have not been able
to locate him/her/it. Return to the Judgment Creditor is made on ___________________ (date).
I attempted to leave it with __________________________ (name of person) who refused service.
Private process server
___________________________________
Sheriff, _________________________County
Signature of Process Server
Fee $ ____________ Mileage $ ________
Name (Print or type)
Subscribed under affirmation or oath before me in the County of ______________________, State of ________________,
this ___________ day of _______________, 20 _______.
Note: Notarization is not required for service by a sheriff or deputy.
My Commission Expires: ________________________
Notary Public/Clerk
Page 4 of 4
County Court
District Court
______________________County, Colorado
Court address:
Plaintiff(s):__________________________________
Defendant(s):__________________________________
Judgment Debtor’s Attorney or Judgment Debtor (Name and Address):
Atty.Reg. #:
Division
Courtroom
OBJECTION TO CALCULATION OF THE AMOUNT OF EXEMPT EARNINGS
Instructions to Judgment Debtor: Use this form to object to the calculations of your exempt earnings.
Name: ______________________________________________________Phone Number: _________________________
Street Address: _________________________________________________________________________________
Mailing Address, if different: _____________________________________________________________________________
City: ____________________________ State: _______________________________ Zip Code: ______________________
1.I object to the Garnishee’s Calculation of the Amount of Exempt Earnings because I believe that the correct calculation is:
Gross Earnings for My Pay Period from ___________________thru _________________
$ ____________
- $ ____________
Disposable Earnings (Gross Earnings Less Deductions)
= $ ____________
Less Statutory Exemption (Use Exemption Chart on Writ)
Amount which should be withheld
OR
2.The earnings garnished are pension or retirement benefits/deferred compensation/health, accident or disability insurance
and they are totally exempt because:
_________________________________________________________________________________________________
I understand that I must make a good faith effort to resolve my dispute with the Garnishee.
I
have
have not attempted to resolve this dispute with the Garnishee.
Name of Person I Talked to: _________________________________________________
Position: _________________________________________ Phone Number: __________________________________
FORM 28 R11/10 OBJECTION TO CALCULATION OF THE AMOUNT OF EXEMPT EARNINGS
Debtor’s Notice to Garnishee: Even though I am filing this Objection, you are directed to send my nonexempt earnings to the Court at the address noted instead of to the party designated in paragraph “e” on the front of the Writ of Continuing Garnishment. The Court will hold my nonexempt earnings in its registry until my Objection is resolved.
I certify that the above is correct to the best of my knowledge and belief and that I sent a copy of this document by
certified mail (return receipt requested) to both the Garnishee and to the Judgment Creditor, or if the Judgment Creditor is represented by Counsel, certified mail (return receipt requested) to the Judgment Creditor’s Attorney or E-Service to the Judgment Creditor’s Attorney.
Garnishee
Judgment Creditor or Attorney
Address: ________________________________________
________________________________________________
Subscribed under affirmation or oath
before me on ______________________(date)
Signature of Judgment Debtor or
My Commission Expires: ____________________________
Judgment Debtor’s Counsel and Reg. Number
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