The Colorado 26 form is a legal document used in the U.S. Bankruptcy Court for the District of Colorado to initiate a writ of continuing garnishment. This form allows a judgment creditor to collect owed amounts from a debtor's nonexempt earnings. Understanding how to complete this form accurately is essential for both creditors and debtors alike.
To get started, fill out the Colorado 26 form by clicking the button below.
The Colorado 26 form, officially known as the Writ of Continuing Garnishment, serves as a vital tool in the enforcement of court judgments. This form is utilized when a creditor seeks to collect a debt by garnishing the wages or earnings of a judgment debtor. It is essential for both judgment creditors and garnishees to understand its components and implications. The form outlines critical information such as the names and addresses of the parties involved, the amount of the original judgment, any interest due, and the total amount owed. Additionally, it specifies the effective garnishment period, which can vary based on the date the judgment was entered. The form also includes instructions for the garnishee, directing them to respond to the court and the judgment creditor regarding any earnings owed to the debtor. Failure to comply with these instructions may lead to serious consequences, including a default judgment against the garnishee. Furthermore, the form provides protections for the judgment debtor, ensuring they are informed of their rights and any exemptions that may apply to their earnings. Understanding the Colorado 26 form is crucial for all parties involved in the garnishment process, as it not only facilitates the collection of debts but also upholds the rights of individuals facing financial difficulties.
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).
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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
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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
Filling out the Colorado 26 form requires careful attention to detail. Each section must be completed accurately to ensure that the garnishment process proceeds smoothly. After filling out the form, it will need to be submitted to the appropriate court and served to the garnishee.
The Colorado 26 form, also known as the Writ of Continuing Garnishment, is a legal document used to collect debts owed by a judgment debtor. It allows a creditor to garnish a debtor's wages or other earnings, ensuring that payments are made directly to the creditor until the debt is satisfied. This form is particularly important for creditors seeking to enforce court judgments in a structured and legally compliant manner.
Any judgment creditor who has obtained a court judgment against a debtor can file a Colorado 26 form. This includes individuals and businesses that have successfully pursued a legal claim and received a monetary judgment in their favor. It is essential for the creditor to ensure that they are authorized to act on behalf of the judgment creditor when submitting this form.
The Colorado 26 form requires several key pieces of information, including:
Accurate completion of these sections is crucial to ensure the effectiveness of the garnishment process.
If the garnishee fails to respond to the Writ of Continuing Garnishment, this may result in a default judgment against them. The court may impose penalties or require the garnishee to comply with the garnishment order, including payment of the owed amounts to the judgment creditor. It is vital for garnishees to take this requirement seriously and respond within the specified timeframe.
The effective garnishment period is specified on the Colorado 26 form and can vary based on the date the judgment was entered. Generally, garnishments can last for either 91 days or 182 days, depending on the circumstances. If the judgment remains unpaid after this period, the creditor may need to file a new writ to continue garnishment efforts.
Exempt earnings refer to certain amounts of a debtor's income that cannot be garnished. This includes specific protections under state and federal laws, such as minimum wage protections. The garnishee must calculate the amount of exempt earnings based on the debtor's income and applicable exemption charts provided in the form. Understanding these exemptions is crucial for both creditors and debtors alike.
Yes, a debtor has the right to object to the garnishment. If they believe that the garnished amount is incorrect or that their earnings are exempt, they can file an objection using the form attached to the Writ of Continuing Garnishment. This objection must be submitted to the court within 14 days of being paid, and the debtor is entitled to a hearing regarding their objection.
Upon receiving the Colorado 26 form, the garnishee must take immediate action. They are required to respond to the questions outlined in the form under oath and send their answers to the judgment creditor or their attorney. Additionally, the garnishee must withhold the appropriate amount from the judgment debtor’s earnings and ensure compliance with all instructions provided in the writ.
Failure to comply with the Writ of Continuing Garnishment can have serious consequences for the garnishee. This may include the entry of a default judgment against them, which could lead to additional legal and financial repercussions. It is crucial for garnishees to understand their obligations and respond appropriately to avoid these potential issues.
For more information about the Colorado 26 form and the garnishment process, individuals can visit the Colorado Judicial Department's website or consult with a legal professional. Resources may include guides on completing the form, understanding garnishment laws, and information about exemptions. Seeking legal advice can help ensure compliance and protect rights throughout the garnishment process.
Failing to provide complete information about the Judgment Debtor. Ensure that the name, address, and other identifying information are accurate and fully filled out.
Not marking the appropriate box for the Effective Garnishment Period. This can lead to confusion about how long the garnishment will last.
Incorrectly calculating the Principal Balance. Double-check all amounts, including any interest and costs, to ensure the total is correct.
Omitting the signature of the authorized person. A missing signature can invalidate the form.
Failing to provide a valid Case Number. This information is crucial for processing the form correctly.
Not providing a return address for the Judgment Creditor. This can delay communication and processing of the garnishment.
Ignoring the requirement to serve TWO COPIES of the Writ. Ensure compliance with this requirement to avoid legal complications.
The Colorado 26 form, known as the Writ of Continuing Garnishment, is a crucial document in the garnishment process. It allows a judgment creditor to collect amounts owed by a judgment debtor through garnishment of their earnings. Several other forms and documents are often used in conjunction with this form to ensure compliance and proper procedure. Below is a list of these documents, along with brief descriptions of each.
These forms and documents work together to create a structured process for garnishment, protecting the rights of both creditors and debtors. Understanding each document's purpose is essential for navigating the legal landscape effectively.
The Colorado 26 form, known as the Writ of Continuing Garnishment, shares similarities with the Writ of Garnishment. Both documents are used to collect debts by allowing creditors to seize a portion of a debtor's wages or bank accounts. The Writ of Garnishment serves as a legal order directed at a third party, known as the garnishee, to withhold funds owed to the debtor. Like the Colorado 26 form, it outlines the obligations of the garnishee, including the need to respond within a specified timeframe and the penalties for non-compliance. Both forms ensure that creditors can recover funds while also protecting the rights of the debtor by detailing exemptions and the process for objecting to garnishments.
Another document similar to the Colorado 26 form is the Writ of Execution. This legal instrument is used to enforce a court judgment by allowing the seizure of a debtor's property to satisfy a debt. Like the Writ of Continuing Garnishment, it requires the involvement of a sheriff or another authorized individual to carry out the seizure. Both documents aim to facilitate the collection of debts owed to creditors, although the Writ of Execution focuses on physical assets rather than wages or bank accounts. The Writ of Execution also includes provisions for notifying the debtor about the seizure, similar to the notification requirements found in the Colorado 26 form.
The Writ of Attachment is another document that bears similarities to the Colorado 26 form. This legal order allows a creditor to secure a debtor's property before a judgment is made, effectively freezing assets to prevent them from being sold or hidden. Like the Writ of Continuing Garnishment, it requires the involvement of law enforcement to enforce the order. Both forms serve the purpose of protecting the creditor's interests while also outlining the rights of the debtor. The Writ of Attachment may be used in situations where there is concern that the debtor might dissipate assets before a court can make a ruling.
The Notice of Garnishment is also comparable to the Colorado 26 form. This document notifies a debtor that their wages or bank account will be garnished to satisfy a debt. Like the Writ of Continuing Garnishment, it provides details about the garnishment process, including the amount to be withheld and the debtor's rights. Both documents emphasize the importance of informing the debtor of the garnishment and the steps they can take to contest it. This ensures that debtors are aware of their situation and have the opportunity to respond appropriately.
Lastly, the Objection to Calculation of the Amount of Exempt Earnings form is closely related to the Colorado 26 form. This document allows debtors to challenge the calculations made by the garnishee regarding the amount of earnings that can be garnished. Like the Colorado 26 form, it outlines the specific calculations and the process for objecting. Both documents emphasize the rights of the debtor to dispute garnishment amounts and ensure that the garnishment does not exceed legal limits. This form plays a crucial role in protecting debtors from excessive garnishments and allows for a fair assessment of their financial situation.
When filling out the Colorado 26 form, it is essential to approach the process with care. Here are some important do's and don'ts to keep in mind:
Misconceptions about the Colorado 26 form can lead to confusion for those involved in the garnishment process. Below are four common misunderstandings, along with explanations to clarify them.
Here are key takeaways regarding the Colorado 26 form, also known as the Writ of Continuing Garnishment: