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Colorado Garnishment

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WRIT OF GARNISHMENT WITH NOTICE OF EXEMPTION AND PENDING LEVY

County, Colorado

Court Address:

Plaintiff(s)/Petitioner(s):

v.

Defendant(s)/Respondent(s):

COURT USE ONLY

Judgment Creditor’s Attorney or Judgment Creditor (Name and Address):

Phone Number:

E-mail:

FAX Number:

Atty. Reg. #:

Case Number:

Division

Courtroom

WRIT OF GARNISHMENT WITH NOTICE OF EXEMPTION AND PENDING LEVY

The Judgment creditor is (check one):
;

Judgment Debtor’s name, last known address, other identifying information:

1. Original Amount of Judgment Entered $

2. Plus any Interest Due on Judgment (currently ) + $

3. Taxable Costs (including estimated cost of service of this Writ) + $

4. Less any Amount Paid - $

5. Principal Balance/Total Amount Due and Owing = $

VERIFICATION

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct and I am authorized to act for the Judgment Creditor.

Printed name of Judgment Creditor

Address City State Zip Code

Executed on the day of , , at

Printed name of Authorized Party

Signature of Authorized Party (Title, and Phone No.)

Address City State Zip Code

WRIT OF GARNISHMENT WITH NOTICE OF EXEMPTION AND PENDING LEVY

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 a copy of this Writ of Garnishment upon , Garnishee, with proper return of service to be made to the Court.

TO THE GARNISHEE:

YOU ARE HEREBY SUMMONED AS GARNISHEE IN THIS ACTION AND ORDERED:

a. To answer the following questions under oath and file your answers with the Clerk of the Court (AND to mail a completed copy with your answers to the Judgment Creditor or attorney when a stamped envelope is attached) within 14 days following service of this Writ upon you. YOUR FAILURE TO ANSWER THIS WRIT WITH NOTICE MAY RESULT IN THE ENTRY OF A DEFAULT AGAINST YOU.

b. To hold pending court order the personal property of any kind (other than earnings of a natural person) in your possession or control, including the debts, credits, choses in action or money owed to the Judgment Debtor whether they are due at the time of the service of the writ or are to become due thereafter.

YOU ARE NOTIFIED:

a. This Writ with Notice applies to all personal property (other than earnings) owed to or owned by the Judgment Debtor and in your possession or control as of the date and time this Writ was served upon you.

b. In no case may you withhold any personal property greater than the amount on Line 5 on the front of this Writ unless the personal property is incapable of being divided.

c. After you file your answers to the following questions, and after receiving a separate notice or order from the court, MAKE CHECKS PAYABLE AND MAIL TO: , Colorado

Name:

Address:

PLEASE PUT THE CASE NUMBER (above) ON THE FRONT OF THE CHECK.

CLERK OF THE COURT
By Deputy Clerk:

Date:

QUESTIONS TO BE ANSWERED BY GARNISHEE

Judgment Debtor’s Name: Case Number:

The following questions MUST be answered by you under oath:

a. On the date and time this Writ was served upon you, did you possess or control any personal property of the Judgment Debtor or did you owe any rents, payments, obligations, debts or moneys other than earnings to the Judgment Debtor?

b. If YES, list all items of personal property and their location(s) and/or describe the nature and amount of the debt or obligation: (Attach additional pages if necessary):

c. Do you claim any setoff against any property, debt or obligation listed above?

d. If you answered YES to question c, describe the nature and amount of the setoff claimed: (Attach additional pages if necessary):

VERIFICATION

I declare under penalty of perjury under the law of Colorado that I am authorized to act for the Garnishee and the foregoing is true and correct.

Name of Garnishee (Print)

Executed on the day of , , at

(Printed name of Person Answering)

Signature of Person Answering

NOTICE TO JUDGMENT DEBTOR OF EXEMPTION AND PENDING LEVY

This Writ with Notice is a Court order which may cause your property or money to be held and taken to pay a judgment entered against you. You have legal rights which may prevent all or part of your money or property from being taken. That part of the money or property which may not be taken is called “exempt property”. A partial list of “exempt property” is shown below, along with the law which may make all or part of your money or property exempt. The purpose of this notice is to tell you about these rights.

PARTIAL LIST OF EXEMPT PROPERTY

1. All or part of your property listed in Sections 13-54-101 and 102, C.R.S., including clothing, jewelry, books, burial sites, household goods, food and fuel, farm animals, seed, tools, equipment and implements, military allowances, stock-in-trade and certain items used in your occupation, bicycles, motor vehicles (greater for disabled persons), life insurance, income tax refunds, attributed to an earned income tax credit or child tax credit, money received because of loss of property or for personal injury, equipment that you need because of your health, or money received because you were a victim of a crime.

2. All or part of your earnings under Section 13-54-104, C.R.S.

3. Worker’s compensation benefits under Section 8-42-124, C.R.S.

4. Unemployment compensation benefits under Section 8-80-103, C.R.S.

5. Group life insurance benefits under Section 10-7-205, C.R.S.

6. Health insurance benefits under Section 10-16-212, C.R.S.

7. Fraternal society benefits under Section 10-14-403, C.R.S.

8. Family allowances under Section 15-11-404, C.R.S.

9. Teachers’ retirement fund benefits under Section 22-64-120, C.R.S.

10. Public employees’ retirement benefits (PERA) under Sections 24-51-212 and 24-54-111, C.R.S.

11. Social security benefits (OASDI, SSI) under 42 U.S.C. §407.

12. Railroad employee retirement benefits under 45 U.S.C. §231m.

13. Public assistance benefits (OAP, AFDC, TANF, AND, AB, LEAP) under Section 26-2-131, C.R.S.

14. Police Officer’s and Firefighter’s pension fund payments under Sections 31-30-1117 & 31-30.5-208 and 31-31-203, C.R.S.

15. Utility and security deposits under Section 13-54-102(1)(r), C.R.S.

16. Proceeds of the sale of homestead property under Section 38-41-207, C.R.S.

17. Veteran’s Administration benefits under 38 U.S.C. §5301.

18. Civil service retirement benefits under 5 U.S.C. §8346.

19. Mobile homes and trailers under Section 38-41-201.6, C.R.S.

20. Certain retirement and pension funds and benefits under Section 13-54-102(1)(s), C.R.S.

21. A Court-ordered child support or maintenance obligation or payment under Section 13-54-102(1)(u), C.R.S.

22. Public or private disability benefits under Section 13-54-102(1)(v), C.R.S.

If the money or property which is being withheld from you includes any “exempt property,” you must file within 14 days of receiving this notice a written Claim of Exemption with the Clerk of the Court describing what money or property you think is “exempt property” and the reason that it is exempt. YOU MUST USE THE APPROVED FORM attached to this Writ or a copy of it.

When you file the claim, you must immediately deliver, by certified mail, return receipt requested, a copy of your claim to the Garnishee (person/place that was garnished) and to the Judgment Creditor’s attorney, or if none, to the Judgment Creditor at the address shown on this Writ with Notice. Notwithstanding your right to claim the property as “exempt,” no exemption other than the exemptions set forth in Section 13-54-104(3), C.R.S., may be claimed for a Writ which is the result of a judgment taken for arrearages for child support or for child support debt.

Once you have properly filed your claim, the court will schedule a hearing within 14 days. The Clerk of the Court will notify you and the Judgment Creditor or attorney of the date and time of the hearing, by telephone, by mail or in person.

When you come to your hearing, you should be ready to explain why you believe your money or property is “exempt property”. If you do not appear at the scheduled time, your money or property may be taken by the Court to pay the judgment entered against you.

REMEMBER THAT THIS IS ONLY A PARTIAL LIST OF “EXEMPT PROPERTY”; you may wish to consult with a lawyer who can advise you of your rights. If you cannot afford one, there are listings of legal assistance and legal aid offices in the yellow pages of the telephone book.

You must act quickly to protect your rights. Remember, you only have 14 days after receiving this notice to file your claim of exemption with the Clerk of the Court.

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What a Colorado Garnishment Is and When It Applies

Colorado Garnishment is a court-ordered legal process used in Colorado to collect a debtor’s unpaid obligations by directing third parties, typically an employer or a financial institution, to withhold funds and transmit them to a judgment creditor. Common forms include wage garnishment and bank account garnishment, and the process usually begins after a creditor obtains a court judgment or qualifying order. Colorado law and court rules set limits, exemptions, and notice requirements that affect how much and which assets may be garnished.

Why Accurate Garnishment Documents Matter

Using a properly completed Colorado Garnishment ensures lawful collection of judgments while protecting debtor exemptions. Accurate documents reduce court delays, lower risk of sanctions, and clarify who is authorized to withhold funds under Colorado procedure.

Why Accurate Garnishment Documents Matter

Who Prepares and Responds to Garnishments

Creditors, court clerks, employers, payroll staff, and collection attorneys commonly prepare or receive Colorado Garnishment documents in enforcement actions.

  • Creditors and collection attorneys seeking to enforce judgments and recover unpaid debts.
  • Employers and payroll administrators required to withhold wages and remit garnished amounts.
  • Individuals disputing garnishment or claiming exemptions who must respond within court timelines.

The document intersects finance, HR, and legal teams; understanding roles reduces processing errors and compliance risks in garnishment proceedings.

Core Elements Every Colorado Garnishment Should Include

Essential elements of a Colorado Garnishment document ensure enforceability, clear instructions to third parties, and compliance with state statutory requirements.

Case Caption

Include the court name, case number, party names, and judgment date. Exact matching to the judgment prevents procedural defects and helps court clerks locate the underlying order quickly.

Judgment Details

State the judgment amount, post-judgment interest rate, and any partial payments. Clear arithmetic and dates reduce disputes about the remaining balance and enforceable totals accurately.

Garnishee Info

Provide the name, address, and account or employer identification for the garnishee. Incorrect garnishee details can cause misdirection of payments or dismissal of the garnishment.

Exemption Notice

Attach statutory notice about exemptions and procedures for claiming relief. Notice must comply with Colorado rules so debtors can timely assert exemptions or request hearings.

Instruction To Garnishee

Clear directions to freeze, withhold, or remit funds, including payment address and deadline. Specify whether partial payments are allowed and the method for calculation and interest.

Signature & Date

Judgment creditor or attorney must sign, date, and include contact information. Court clerk verification or filing stamp demonstrates filing, supports enforceability, and provides proof and proof of service.

Required Data Fields at a Glance

Debtor Name: Full legal name as on judgment
Debtor Address: Street, city, state, ZIP code
Garnishee Name: Employer or bank name on record
Case Number: Exact court-assigned case number
Amount Owed: Principal, interest, and post-judgment totals
Service Date: Date of garnishee service, use MM/DD/YYYY

Step-by-Step: Preparing and Filing a Colorado Garnishment

Follow these steps to prepare and file a Colorado Garnishment form correctly with the court and serve the garnishee.

  • 01
    Confirm Judgment: Verify judgment amount, date, and enforceability before filing.
  • 02
    Complete Form: Fill all required fields, attach exemption notice and judgment record.
  • 03
    File with Court: File in the correct county and pay filing fee.
  • 04
    Serve Garnishee: Serve per Colorado rules and return affidavit of service.

Configuring an Online Garnishment Workflow

Configure an online garnishment workflow to collect signatures, attach judgment records, and route completed forms to court and garnishee automatically.

Field Configuration
Colorado court garnishment form template Pre-fill judgment and party fields automatically
Define signer roles and signing order Assign creditor, debtor, and garnishee roles
Set signer authentication level (SMS/Email/KBA) Choose SMS code or email link verification
Automatic court filing and garnishee delivery Route PDF to clerk, garnishee, and creditor

From Document to Payment: Typical Garnishment Flow

Typical filing flow for a Colorado Garnishment: prepare documents, file with court, serve the garnishee, and collect payments or returns.

  • Prepare Packet: Attach judgment, notice, and proof of service template.
  • Court Filing: Submit in-person or e-file where available, pay fees.
  • Service: Serve garnishee according to statute and file service affidavit.
  • Compliance: Track payments, respond to debtor claims, and seek contempt if needed.

Digital Signing and eSubmission Requirements

Digital submission requires PDF-compatible files, reliable internet, and eSignature platform that preserves audit trails and timestamps.

  • File Formats: PDF and DOCX accepted
  • Authentication Methods: Email, SMS, or KBA
  • Audit Trail: IP, timestamp, and action history

Key Timelines to Watch in a Garnishment Case

Timelines for Colorado Garnishment include filing, service, response windows, and payment processing; acting promptly avoids statutory delays and penalties.

File After Judgment:

File a writ or order after obtaining final judgment.

Service Window:

Serve garnishee as required; timelines differ by method.

Debtor Response Period:

Deadlines to claim exemptions or request hearings vary by statute.

Withholding Start Date:

Employer typically begins withholding on next payroll cycle after notice.

Payment Accounting:

Credit payments promptly and provide periodic accounting to parties.

Common Mistakes That Delay Garnishment Enforcement

  • Failing to match case caption or case number may cause clerks to return the garnishment and delay enforcement, increasing costs and creditor frustration.
  • Serving the wrong garnishee, such as an incorrect employer or bank account, leads to rejected service and potential liability for misdirected funds.
  • Omitting exemption notice or using outdated statutory language can prevent debtors from asserting rights and may result in vacatur of the garnishment.
  • Incorrect calculation of disposable earnings or failure to apply federal limits can trigger penalties or orders to repay improperly withheld wages.

Penalties and Legal Risks of Errors

Dismissal Risk: Court may vacate garnishment
Civil Liability: Misdirected funds create exposure
Statutory Penalties: Fines for improper withholding
Withholding Refunds: May owe back pay plus interest
Contempt Proceedings: Willful noncompliance risks contempt
Tax Reporting Issues: Backup withholding or incorrect reporting

Practical Examples from Enforcement Scenarios

Real-world examples illustrate why accuracy and timely service matter in garnishment actions for courts, creditors, and employers.

Municipal Collection

A municipal creditor obtained a small judgment and used a wage garnishment to collect overdue fines after proper notice and court filing.

  • Employer withheld per order and remitted payments to city
  • Accurate case caption, timely service, and clear payment instructions prevented delays; the garnishee's prompt response and the creditor's documentation allowed quick reconciliation and closed the enforcement matter efficiently without court return.

Bank Garnishment

A judgment creditor issued a bank garnishment to freeze debtor accounts after confirming judgment and providing required creditor's affidavit to the county court clerk.

  • Bank placed temporary hold and notified account holder
  • The bank's accurate identification of the account and prompt filing of the hold notice minimized losses; the debtor filed an exemption claim, which the court resolved based on documented living expense protections.

Practical Tips to Reduce Errors and Speed Enforcement

Adopt consistent internal controls and clear templates to minimize errors and speed garnishment processing from filing through payment accounting.

Always use standardized court-approved templates
Maintain a single template that includes required elements, automatic calculations, and embedded exemption notices. Version control prevents conflicting forms, and staff training on the template reduces clerical errors and returned filings.
Verify garnishee details before service
Confirm employer or bank legal name, addresses, and account numbers. Cross-check with judgment documents and payroll records. Early verification avoids misservice, lost funds, and time-consuming corrections that may expose the creditor to liability.
Document proof of service and notices
File affidavits and certificates of service promptly. Retain copies of all mailed and hand-delivered notices, including tracking numbers and recipient acknowledgments, to support compliance and respond to debtor challenges in court.
Automate accounting and reporting processes
Use software to reconcile garnishee remittances, track remaining balances, and generate periodic statements. Automation reduces calculation errors and eases audit responses, especially for high-volume creditors managing multiple simultaneous garnishments.

eSignature Pricing and Feature Comparison for Garnishment Workflows

Vendor comparison of eSignature pricing and core features relevant to preparing, signing, and storing Colorado Garnishment documents for compliance.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium tier) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Colorado Garnishment

Answers to common questions about completing, filing, and defending Colorado Garnishment orders, including eSignature and record retention considerations.


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