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Writ of Garnishment

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UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO

(C.R.C.P. No. 32; Rev. 7/98)

WRIT OF GARNISHMENT - JUDGMENT DEBTOR OTHER THAN NATURAL PERSON

vs.

1. Original Amount of Judgment Entered $

2. Plus any Interest Due on Judgment ( % per annum) (Date) $

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

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

(date)

(Notary Public or Deputy Clerk)

(Print Judgment Creditor's Name)

(Signature: Type Name, Title, Address & Phone)

WRIT OF GARNISHMENT

THE PEOPLE OF THE STATE OF COLORADO to the Sheriff of any Colorado county, or to any person over the age of 18 years who is not a party to this action:

You are directed to serve a copy of this Writ of Continuing Garnishment , Garnishee, with proper return of service to be made to the

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 Court (AND to mail a completed copy with

this your answers to the Judgment Creditor or attorney when a stamped envelop is attached) within 10 days following service of

Writ upon you. YOUR FAILURE TO ANSWER THIS WRIT WITH NOTICE MAY RESULT IN THE ENTRY OF A DEFAULT

YOU ARE NOTIFIED:

a. This Writ with Notice applies to all personal property owed to or owned by the Judgment Debtor and in your possession or con- trol

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 per- sonal

United States District Court at 1929 Stout Street, Room C-145, Denver, Colorado 80294

CLERK OF COURT:

James R. Manspeaker

1929 Stout Street, Room C-145

Denver, CO 80294

(303) 844-3433

Deputy Clerk

(See Reverse Side)

QUESTIONS TO BE ANSWERED BY GARNISHEE

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 money's 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 and setoff against and property, debt of obligation listed above?

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

I affirm that I am authorized to act for the Garnishee and the above answers are true and correct.

(date)

Name of Garnishee (Print)

Address

Notary Public

Phone Number

Name of Person Answering (Print)

Signature of Person Answering

RETURN OF SERVICE

County of

affirm that I served two copies of the Continuing Writ of Garnishment, together with a

blank Objection to Calculation of the Amount of Exempt Earnings on (date), at (time),

by

Notary Public

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What a Writ of Garnishment Is and who it affects

A Writ of Garnishment is a court-issued order directing a third party (the garnishee) to withhold funds or property belonging to a judgment debtor and remit them to a judgment creditor. Commonly used after a money judgment, it targets wages, bank accounts, or other assets to satisfy court-ordered debt. Procedures, permissible targets, and required forms vary by jurisdiction and by whether the garnishment is pre-judgment or post-judgment. Careful completion and service are essential because procedural errors can delay collection or expose the creditor to sanctions.

Why the Writ of Garnishment matters legally

A properly executed Writ of Garnishment creates a court-backed mechanism to collect judgments while protecting due-process rights. Electronic execution and retention meet U.S. legal standards when you follow the ESIGN Act (15 U.S.C. ch. 96) and applicable state UETA rules.

Why the Writ of Garnishment matters legally

Who commonly prepares and serves a Writ of Garnishment

Typical users include creditors, collections firms, court clerks, and civil litigators who need to enforce money judgments.

  • Creditors and collection attorneys who need to enforce a court judgment against a debtor's assets.
  • Banks, employers, and other garnishees that receive and respond to garnishment orders as third parties.
  • Court clerks and process servers who prepare, file, and effect personal service as required by local rules.

Processes differ by state and court; verify local civil procedure and wage-garnishment limits before proceeding.

Core parts of a professional Writ of Garnishment

A clear, complete writ speeds enforcement and reduces objections. Include court caption, precise judgment details, clear garnishee direction, amounts to withhold, service instructions, and return requirements so courts and garnishees can act without ambiguity.

Court Caption

Full court name, division, and case number. This identifies the issuing court and ties the writ to the underlying judgment and docket entry.

Judgment Details

Exact judgment amount, date entered, interest rate if applicable, and docket citation. These figures determine how withholding is calculated and stopped.

Garnishee Directive

A numbered order instructing the garnishee to withhold specific funds or property and where to remit withheld amounts, including court or creditor payment details.

Amount Specification

Specify whether withholding is for full satisfaction, periodic wage withholding, or partial amounts. Include calculation method and permissible deductions if wages are involved.

Service Instructions

State required method of service, who must be served, proof-of-service form, and timelines for filing the return of service with the court.

Return Requirements

Deadline for the garnishee's written response to the court and instructions for filing returns, motions, or exemptions claimed by the debtor.

Step-by-step: completing a Writ of Garnishment

Follow these sequential steps to prepare, serve, and file a writ while preserving proof and meeting court timelines.

  • 01
    Confirm Judgment: Verify judgment is final and eligible for garnishment before drafting.
  • 02
    Identify Garnishee: Locate employer, bank, or custodian of the debtor's assets.
  • 03
    Draft the Writ: Populate caption, amounts, directives, and return instructions completely.
  • 04
    Serve and File: Effect service on garnishee and debtor, then file proof of service with the court.

How to set up an online garnishment workflow

Configure a digital workflow to standardize preparation, signature capture, and evidence retention.

Template Create a reusable document template with locked fields for court caption and calculations.
Signer Authentication Require email plus SMS code or advanced authentication for the creditor or attorney signer.
Deadline and Reminders Set automatic reminders for service deadlines and garnishee response windows.
Attachments Attach the underlying judgment and proof of service forms to the workflow package.
Notifications Configure emailed copies to creditor, attorney, and court clerk when filings complete.

Where to file and who to notify after issuing the writ

Proper routing varies by court; follow local civil rules for filing, serving, and returning garnishment paperwork.

  • File with Clerk: File the writ and proof of service with the issuing court's clerk office.
  • Serve Garnishee: Deliver the writ to the garnishee per state service rules (in-person or statutory methods).
  • Notify Debtor: Provide the debtor with required notice and claim form for exemptions or objections.
  • File Return: Garnishee files a written return or answer within the state-specified timeframe.

Digital signing and submission considerations

Use an eSignature platform that supports audit trails, secure storage, and required authentication.

  • Document Formats: Accept PDF and DOCX for court filings.
  • Integrations: Works with systems like NetSuite and Google Workspace.
  • Security Standards: TLS and AES-256 encryption supported.

Maintain complete audit logs and tamper-evident copies to satisfy courts and opposing parties when using digital workflows.

Typical eSignature vendor pricing for filing and executing court forms

Compare common vendor pricing and capabilities to support secure execution and audit trails for court documents.

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 No No No
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 env/user/yr Varies by plan Varies by plan Varies by plan

Key timelines and response windows to track

Garnishment actions involve strict timeframes for service, garnishee answers, and filing returns; missing deadlines can delay collection or expose parties to penalties.

Service Deadline:

Serve garnishee per local rule; timing varies by state.

Garnishee Answer:

Garnishee typically responds within 10–30 days depending on jurisdiction.

Debtor Exemptions:

Debtor must file exemption claim within court-specified period.

Return to Court:

File garnishee return by the deadline stated in the writ.

Lien Duration:

Enforcement and renewal rules differ; check state statute for duration details.

Essential information fields to include on the writ

Claimant Name: Full legal name
Debtor Name: Full legal name
Court & Case: Court name and docket
Judgment Amount: Principal and interest
Garnishee Info: Name and address
Service Dates: Exact MM/DD/YYYY

Common preparation and service mistakes to avoid

  • Using an incorrect case number or court caption, which often leads to clerk rejection and re-filing delays.
  • Failing to identify the correct garnishee or account information, causing wrongful service or inability to locate assets.
  • Omitting interest calculations or fees, producing disputes over amounts withheld and returned by garnishee.
  • Neglecting to file proof of service or to follow state-specific service rules, which can void the garnishment.

Consequences of incorrect or improper garnishment

Delayed Recovery: Lost time and potential extra costs
Sanctions: Court fines or sanctions possible
Contempt Risk: Improper actions can trigger contempt
Liability: Creditor may be liable for wrongful garnishment
Debtor Hardship: May prompt exemption claims or litigation
Administrative Fees: Additional court or administrative charges

Real-world scenarios showing typical garnishment uses

Two concise examples illustrate common paths: bank account garnishment and wage garnishment for a post-judgment creditor.

Case Study 1

A creditor obtained a money judgment in small-claims court and identified a bank account as the debtor's primary asset.

  • The creditor served the bank with a writ and filed proof of service.
  • The bank complied, frozen funds were transferred to the court registry, and the creditor received payment after court confirmation and deduction of permitted fees.

Case Study 2

An employer received a writ ordering periodic withholding from an employee's wages to satisfy a child-support-related judgment.

  • The employer implemented deductions consistent with statutory caps and remitted funds to the court.
  • The garnishment ran until the judgment balance was satisfied, with the employee permitted to claim exemptions via the court process.

Frequently asked questions about Writs of Garnishment

Answers to common questions about form completion, service, and electronic handling of garnishment orders.


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