Fill and Sign the Writ Continuing Garnishment Form

 County Court  District Court ___________________________ 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 CONTINUING GARNISHMENT Judgment Debtor’s name, last known address, other identifying information: _______________________________________ ____________________________________________________________________________________________________ 1. Original Amount of Judgment Entered on ___________________ (date) for $________________ DATE SUIT WAS COMMENCED: a . Effective Garnishment Period (Mark Appropriate Box)   90 days (Judgment entered prior to August 8, 2001)  Prior to May 1, 1991   180 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) WRIT OF CONTINUING GARNISHMENT 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 file your answers with the Clerk of the Court and mail a completed copy with your answers to the Judgment Creditor or attorney no less than 5 nor more than 10 days following the time you pay the Judgment Debtor for the first time following service of this Writ, or 40 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. b. To pay any nonexempt earnings to the party designated in “e” below no less than 5 nor more than 10 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 TO:  Clerk of the _______________ Court  Judgment Creditor named above AND MAIL TO:  Clerk of the Court  Judgment Creditor  Judgment Creditor’s Attorney Name: __________________________________________________________________________________________ Address: ___________________________________________________________________________________________________ PLEASE PUT THE CASE NUMBER (shown above) ON THE FRONT OF THE CHECK. CLERK OF THE COURT By Deputy Clerk : ___________________________________________ Date : ___________________________________________ FORM 26 R7/07 WRIT OF CONTINUING GARNISHMENT Page 1 of 3 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: ____________________________________ Case Number: ___________________ 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). 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 (“Minimum Hourly Wage” means state or federal minimum wage, whichever is greater.) PAY PERIOD Weekly Bi-weekly Semi-monthly Monthly AMOUNT EXEMPT IS THE GREATER OF: 30 x Minimum Hourly Wage or 75% of Disposable Earnings 60 x Minimum Hourly Wage or 75% of Disposable Earnings 65 x Minimum Hourly Wage or 75% of Disposable Earnings 130 x Minimum Hourly Wage or 75% of Disposable Earnings I affirm that I am authorized to act for the Garnishee, the above answers are true and correct, and 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 oath before me on ____________________ (date) ______________________________________________________ Notary Public/Deputy Clerk My Commission Expires: ____________________________ _____ Name of Person Answering (Print) ________________________________________________________ Signature of Person Answering FORM 26 R7/07 WRIT OF CONTINUING GARNISHMENT Page 2 of 3 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 5 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 10 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 90 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. RETURN OF SERVICE Judgment Debtor’s Name: ___________________________________ Case Number: ___________________ I declare under oath that I am 18 years or older and not a party to the action and 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 and affirmed, or sworn to before me in the County of ______________________, State of ________________, this ___________ day of _______________, 20 _______. Note: Not required for service by a sheriff or deputy. My Commission Expires: ________________________ ___________________________________ Notary Public/Clerk FORM 26 R7/07 WRIT OF CONTINUING GARNISHMENT Page 3 of 3