The Colorado 26 form is a legal document known as the Writ of Continuing Garnishment. It is used in the state of Colorado to facilitate the garnishment of a judgment debtor's earnings to satisfy a court-ordered judgment. Understanding this form is crucial for both creditors seeking payment and debtors aiming to protect their rights.
The Colorado 26 form, formally known as the Writ of Continuing Garnishment, serves a crucial function in the enforcement of court judgments. It is primarily used by judgment creditors to secure the collection of debts owed by a judgment debtor through the garnishment of their wages or other earnings. This form requires the creditor to provide essential information, including the names and addresses of both the creditor and debtor, the details of the judgment, and the total amount due. Additionally, it specifies the garnishment period and outlines the obligations of the garnishee, who is typically the debtor's employer or another entity that owes money to the debtor. The form includes a series of instructions and questions that the garnishee must answer under oath, ensuring compliance with the court's order. Crucially, the Writ of Continuing Garnishment also protects the rights of the judgment debtor by delineating the amount of earnings that can be withheld and informing them of their right to object to the garnishment calculations. This balance of creditor rights and debtor protections is a key aspect of the form's design, reflecting the legal framework that governs garnishment procedures in Colorado.
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
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© 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.
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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
The Colorado 26 form, known as the Writ of Continuing Garnishment, is used in the process of garnishing wages or other income owed to a judgment debtor. Several other forms and documents are commonly utilized in conjunction with this form to facilitate the garnishment process. Below is a list of these documents, along with a brief description of each.
These forms and documents play a crucial role in ensuring that the garnishment process is conducted fairly and in accordance with legal requirements. Proper use of these documents helps protect the rights of all parties involved in the garnishment proceedings.
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Completing the Colorado 26 form requires careful attention to detail to ensure accuracy. After filling out the form, it will be submitted to the appropriate court for processing. Follow the steps below to complete the form correctly.
The Colorado 26 form, known as the Writ of Continuing Garnishment, shares similarities with the Writ of Garnishment. Both documents serve the purpose of collecting debts owed to a creditor by allowing the creditor to intercept funds owed to the debtor by a third party. The Writ of Garnishment requires the garnishee, usually an employer, to withhold a portion of the debtor's earnings to satisfy the judgment. However, the Colorado 26 specifically addresses ongoing garnishments, indicating that it remains effective for a specified period, while a standard Writ of Garnishment might be a one-time action.
Another document similar to the Colorado 26 form is the Notice of Garnishment. This notice is sent to the garnishee to inform them of the garnishment and to provide instructions on how to comply. Like the Colorado 26, the Notice of Garnishment outlines the obligations of the garnishee to respond and to withhold funds. Both documents are critical in ensuring that the garnishee understands their role in the garnishment process and the legal requirements they must follow.
The Writ of Attachment is another document that bears resemblance to the Colorado 26 form. A Writ of Attachment allows a creditor to seize a debtor's property to satisfy a judgment. While the Colorado 26 specifically targets garnishment of wages or bank accounts, the Writ of Attachment can encompass a broader range of assets. Both documents are mechanisms for creditors to enforce judgments, but the Writ of Attachment involves physical assets rather than income or funds owed.
Additionally, the Application for Writ of Garnishment is closely related to the Colorado 26 form. This application is the initial request made to the court to issue a garnishment against a debtor's earnings or assets. Once the application is approved, the Colorado 26 form is issued to the garnishee. Both documents are part of the garnishment process, with the application serving as the precursor to the actual writ.
The Judgment Debtor’s Statement of Exemptions also shares some similarities with the Colorado 26 form. This document allows a debtor to claim certain exemptions that protect a portion of their income from garnishment. While the Colorado 26 outlines the garnishment process, the Statement of Exemptions provides a means for debtors to assert their rights and limit the amount that can be garnished. Both documents play essential roles in the garnishment process, balancing the rights of creditors and debtors.
Understanding the intricacies of various legal documents is vital for navigating the complexities of the legal system, including forms like the Colorado 26. Just as customers need to correctly fill out forms related to garnishment, it’s equally important for those filing claims with Asurion to familiarize themselves with the Asurion F-017-08 MEN form. This form, which is essential for processing claims, can be further explored at onlinelawdocs.com, where detailed guidance is available to assist users in ensuring a smooth claims process.
Lastly, the Objection to Calculation of the Amount of Exempt Earnings is another document that aligns with the Colorado 26 form. This objection allows debtors to contest the garnishee's calculation of exempt earnings. Like the Colorado 26, which details the garnishment process and requirements, the objection form is a tool for debtors to ensure their rights are upheld. Both documents facilitate communication between the debtor, garnishee, and court, promoting fairness in the garnishment process.
The Colorado 26 form, also known as the Writ of Continuing Garnishment, is used to collect a judgment debt from a debtor's wages or other earnings. When a creditor has obtained a judgment against a debtor, this form allows them to request that the debtor's employer or other payers withhold a portion of the debtor's earnings to satisfy the judgment. The form outlines the amount owed and the process the garnishee must follow to comply with the garnishment order.
The Colorado 26 form can be filed by a judgment creditor, which is the individual or entity that has won a monetary judgment in court against a debtor. This form must be completed accurately and submitted to the appropriate court. It is important for the creditor to ensure that they have the correct information about the debtor and the amount owed, as errors can lead to delays or complications in the garnishment process.
Several key pieces of information are required on the Colorado 26 form, including:
Completing the form accurately is crucial, as it affects how the garnishment is processed and enforced.
Upon receiving the Colorado 26 form, the garnishee must take specific actions. They are required to:
Failure to comply with these requirements can result in legal consequences, including a default judgment against the garnishee.
The duration of the garnishment specified on the Colorado 26 form depends on the effective garnishment period indicated by the creditor. This period can be either 91 days or 182 days, depending on when the original judgment was entered. If the creditor has previously served a writ for child support, the new writ will take effect after the prior writ has terminated. It is essential for both the creditor and the garnishee to keep track of these timelines to ensure compliance with the law.
If a debtor believes that their earnings are exempt from garnishment, they have the right to object to the garnishment. They can file an objection using the appropriate form provided with the writ. The debtor should explain why they believe their earnings are exempt and may need to provide supporting documentation. It is advisable for the debtor to seek legal advice to understand their rights and navigate the objection process effectively.
When filling out the Colorado 26 form, it's crucial to follow specific guidelines to ensure accuracy and compliance. Here’s a list of what you should and shouldn't do:
Following these guidelines will help ensure that your form is processed smoothly and efficiently. Be diligent and proactive to avoid any potential issues.