Colorado Procedural Requirements for Wage Garnishment

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Colorado Procedural Requirements

"Writ of garnishment with notice of exemption and pending levy" means the exclusive procedure through which the personal property of any kind (other than earnings of a natural person) in the possession or control of a garnishee including the credits, debts, chooses 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, is required to be held for payment of a judgment debt (a "Writ with Notice"). A Writ with Notice shall be in the form and content of Colo. R. Civil. P. Form 29.

After entry of a judgment when a writ of execution may issue, a Writ with Notice shall be issued by the clerk of the court upon request. Under such writ any indebtedness, intangible personal property, or tangible personal property capable of manual delivery, other than earnings of a natural person, owed to, or owned by, the judgment debtor, and in the possession or control of the garnishee at the time of service of such writ upon the garnishee, shall be subject to the process of garnishment. Issuance of a writ of execution shall not be required before the issuance of a Writ with Notice. Service of a Writ with Notice shall be made in accordance with Colo. R. Civil. P. 4.

Following service of the Writ with Notice on the garnishee, a copy of the Writ with Notice, together with a blank copy of Colo. R. Civil. P. Form 30 shall be served upon each judgment debtor whose property is subject to garnishment by such writ as soon thereafter as practicable. Such service shall be in accordance with Colo. Rev. Statute. Ann. 1354.5107(2)* 1 Service of a Writ with Notice upon the garnishee shall give the court jurisdiction over the garnishee and any personal property of any description, owned by, or owed to the judgment debtor in the possession or control of the garnishee. Colo. R. Civil. P. 103.

Interest Rate at which Judgments Accrue

Creditors shall be allowed to receive interest on any judgment recovered before any court authorized to enter the same within this Statutee from the date of entering said judgment until satisfaction thereof is made either at the rate specified in a contract or instrument in writing which provides for payment of interest at a specified rate until the obligation is paid, except that if the contract or instrument provides for a variable rate, at the rate in effect under the contract or instrument on the date judgment enters, or in all other cases where no rate is specified, at the rate of eight percent per annum compounded annually. Colo. Rev. Statute. Ann. _ 512102.

Note: Special rates apply if a judgment has been appealed. Colo. Rev. Statute. Ann. _ 512106. Furthermore, special rates apply in actions to recover damages for personal injuries. Colo. Rev. Statute. Ann. _ 1321101. Applicable Forms Colo. R. Civil. P. Form 29 Colo. R. Civil. P. Form 30 1 Service shall be made by delivering a copy of such notice to the judgment debtor personally or by leaving a copy of such notice at the usual abode of the judgment debtor with some member of his family over the age of eighteen years. In the event that personal service cannot be made, the section provides for service through publication. Such notice, with proof of service thereof, and, in the case of publication, an affidavit of publication and an affidavit of the mailing of notice shall be filed with the clerk of the court in which the judgment was entered. Colo. Rev. Statute. Ann. _ 1354.4107(2).