Writ of Continuing Garnishment

WRIT OF CONTINUING GARNISHMENT

County Court District Court

County, Colorado

Court Address:

Plaintiff(s)/Petitioner(s):

v.

Defendant(s)/Respondent(s):

COURT USE ONLY

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)

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 = $

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).

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 in (County) (State) on (date) (time) at the following location:

By (Check one):

By handing it to a person identified to me as

By leaving it with , who is designated to receive service because of a legal relationship with as provided for in C.R.C.P. 4(e).

I attempted to serve 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 who refused service.

Private process server

Sheriff, County

Fee $ Mileage $