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In today's dynamic legal landscape, the Colorado 26 form, associated with the process of continuing garnishment, plays a crucial role. This form, officially referred to as the "Writ of Continuing Garnishment," is a directive issued by the United States Bankruptcy Court for the District of Colorado. Its primary function is to instruct the garnishee, typically an employer, to withhold a portion of the judgment debtor’s earnings to satisfy a debt. The form outlines specific details such as the original judgment amount, the interest, the allowable deductions, and the net amount due from the judgment debtor. Furthermore, it specifies the period for which the garnishment is effective, which depends on when the judgment was entered. An integral part of this form is the detailed instructions it provides to both the garnishee and the judgment debtor, including how to calculate exempt earnings, and the process for the judgment debtor to object to the garnishment calculation if they believe it to be incorrect. It entails the responsibilities of the garnishee to provide the debtor with a copy of the calculation of exempt earnings and the steps to be taken if the garnishee fails to comply with the garnishment order. Notably, it also emphasizes the judgment debtor’s rights, including the protection against wrongful termination by an employer due to wage garnishment. This document is a vital tool in ensuring that creditors can recover debts while also safeguarding the rights and wages of debtors.

Colorado 26 Example

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)

 

 

WRIT OF CONTINUING GARNISHMENT

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

Page 1 of 4

© 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:

 

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).

FORM 26 R7/12 WRIT OF CONTINUING GARNISHMENT

Page 2 of 4

© 2012 Colorado Judicial Department for use in the Courts of Colorado

 

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

My Commission Expires: ___________________________

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.

FORM 26 R7/12 WRIT OF CONTINUING GARNISHMENT

Page 3 of 4

© 2012 Colorado Judicial Department for use in the Courts of Colorado

 

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

FORM 26 R7/12 WRIT OF CONTINUING GARNISHMENT

Page 4 of 4

© 2012 Colorado Judicial Department for use in the Courts of Colorado

 

 

County Court

District Court

 

 

 

______________________County, Colorado

 

 

 

Court address:

 

 

 

 

 

 

 

 

Plaintiff(s):__________________________________

 

 

 

v.

 

 

 

 

Defendant(s):__________________________________

 

COURT USE ONLY

 

 

 

 

 

 

 

Case Number:

 

Judgment Debtor’s Attorney or Judgment Debtor (Name and Address):

 

Phone Number:

E-mail:

 

 

FAX Number:

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 _________________

$ ____________

Less Deductions Required by Law (For Example, Withholding Taxes, FICA)

- $ ____________

Disposable Earnings (Gross Earnings Less Deductions)

= $ ____________

Less Statutory Exemption (Use Exemption Chart on Writ)

- $ ____________

Net Amount Subject to Garnishment

= $ ____________

Less Wage/Income Assignment(s) During Pay Period (If Any)

- $ ____________

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: ________________________________________

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

 

________________________________________________

 

Notary Public/Deputy Clerk

 

FORM 28 R11/10 OBJECTION TO CALCULATION OF THE AMOUNT OF EXEMPT EARNINGS

Click for PDF Form

Document Properties

Fact Detail
Form Name Writ of Continuing Garnishment
Form Number 26
Revision Date July 2012
Jurisdiction Colorado, United States
Governing Law Colorado Revised Statutes; Colorado Rules of Civil Procedure (C.R.C.P.)
Purpose To garnish earnings from a judgment debtor until the amount owed under a judgment is paid off.
Effective Garnishment Periods 91 days for judgments entered before August 8, 2001. 182 days for judgments entered on or after August 8, 2001.
Key Sections Original or Revived Amount of Judgment, Interest Due, Taxable Costs, Principal Balance, Garnishee's Actions Required, Exemption Calculations

Guide to Writing Colorado 26

Filling out the Colorado 26 form, otherwise known as the Writ of Continuing Garnishment, might seem daunting at first glance, but breaking down the process step by step can simplify things. This form is instrumental in the garnishment process, which allows a judgment creditor to collect money from a judgment debtor's earnings. Understanding how to accurately complete this form is crucial for both parties involved in a garnishment process. Here’s a step-by-step guide to ensure you fill out the form correctly and understand what happens next:

  1. Start by entering the full names and addresses of both the Plaintiff(s)/Petitioner(s) and Defendant(s)/Respondent(s) at the top of the form, ensuring clarity and accuracy.
  2. Fill in the section titled “Judgment Creditor’s Attorney or Judgment Creditor (Name and Address)” with the appropriate contact information, including phone number, email, and fax number, if available.
  3. Provide the Attorney Registration Number (Atty. Reg. #) in the designated space, if applicable.
  4. Under "COURT USE ONLY," leave the Case Number, Division, and Courtroom sections blank for court personnel to complete.
  5. In the section labeled “Judgment Debtor’s name, last known address, other identifying information,” input all the relevant details about the judgment debtor to avoid any confusion.
  6. Indicate the Original or Revived Amount of Judgment Entered by filling in the date the judgment was entered and the total amount.
  7. Select the appropriate Effective Garnishment Period based on the date the judgment was entered, marking the correct box.
  8. Calculate and enter any Interest Due on Judgment up to the current date, specifying the annual percentage rate.
  9. Itemize Taxable Costs, including the estimated cost of serving this Writ.
  10. Deduct any Amount Paid from the total judgment amount to date and record the remaining balance in the Principal Balance/Total Amount Due and Owing section.
  11. Complete the affirmation section with the date, print the Judgment Creditor’s Name, provide the address, and have the document notarized where indicated.
  12. Ensure the Judgment Creditor or their attorney signs the form, providing their type, name, title, address, and phone number.

Once the Colorado 26 form is accurately filled out and submitted according to the court's guidelines, it initiates the garnishment process, which involves the court ordering the judgment debtor's employer (Garnishee) to withhold a portion of the debtor's earnings. These withheld funds are then directed to the judgment creditor as payment towards the outstanding debt. It's a legally sanctioned procedure that helps creditors recover what is owed to them. As garnishment involves sensitive financial and personal information, it is crucial to handle every step of the process with care and attention to detail to ensure compliance with legal standards and fairness to all parties involved.

Your Questions, Answered

What is the Colorado 26 form?

The Colorado 26 form, known as the Writ of Continuing Garnishment, is a legal document issued by the court that requires a garnishee (usually the employer) to withhold a portion of an individual's earnings for the payment of a debt to a creditor. This process is supervised by the court, and the form is utilized to ensure that the judgment creditor receives payment directly from the garnishee.

Who can issue a Writ of Continuing Garnishment?

This writ can only be issued by the United States Bankruptcy Court, District of Colorado. It is directed towards any sheriff of a Colorado county or any person 18 years or older who is not a party to the action, instructing them to serve the document upon the garnishee.

What is the effective garnishment period?

The effective garnishment period depends on when the judgment was entered. If the judgment was entered prior to August 8, 2001, the period is 91 days. For judgments entered on or after August 8, 2001, the garnishment period extends to 182 days.

How is the total amount due calculated?

The total amount due is calculated by starting with the original or revived amount of judgment, adding any interest due on the judgment, including taxable costs (and estimated costs of service of the writ), and subtracting any amounts already paid. This sum represents the principal balance or total amount due and owing.

What obligations does the garnishee have upon receiving the writ?

Upon receiving the writ, the garnishee is required to withhold non-exempt earnings from the judgment debtor's paycheck within a specified timeframe. They must also deliver a copy of the writ and a Calculation of the Amount of Exempt Earnings to the judgment debtor at the first time they pay the debtor after receiving the writ.

What are nonexempt earnings?

Nonexempt earnings are the portion of an individual's wages that can legally be seized to satisfy a debt. Earnings include wages, salaries, commissions, bonuses, and other compensation. The writ provides a formula for calculating the maximum amount that can be garnished from an individual's disposable earnings.

What happens if the garnishee fails to comply with the writ?

If the garnishee fails to answer the writ of continuing garnishment, a default may be entered against them. Compliance is mandatory, and failure to adhere to the requirements of the writ can result in legal consequences for the garnishee.

Can the judgment debtor object to the garnishment?

Yes, the judgment debtor has the right to object to the calculation of the amount of exempt earnings. They must first attempt to resolve the dispute with the garnishee. If unresolved, they can file an objection with the court using the form provided, generally within 14 days after being paid.

Are there protections for the judgment debtor if their earnings are garnished?

Yes, the law provides protections for judgment debtors. For instance, an employer cannot terminate an employee's employment solely because their earnings have been subject to garnishment. Additionally, specific exemptions apply that protect a portion of the debtor's earnings from garnishment.

What should be done after the garnishment period ends?

Once the effective garnishment period ends, the garnishee is no longer required to withhold the debtor's earnings for the specific writ. However, if the debt remains unsatisfied, the creditor may seek a new writ of continuing garnishment for subsequent periods until the debt is fully paid.

Common mistakes

Filling out the Colorado Form 26, also known as the Writ of Continuing Garnishment, requires meticulous attention to detail. Unfortunately, some common errors can hinder the process, potentially complicating an already complex legal situation. By understanding these mistakes, individuals can avoid unnecessary setbacks in their garnishment proceedings.

  1. **Incorrect or Incomplete Judgment Debtor Information:** Failing to provide complete and accurate information about the judgment debtor, including their last known address and other identifying details, can delay the process significantly.

  2. **Misstating the Original Judgment Amount:** Not correctly stating the original or revived amount of the judgment as entered on the designated date can lead to discrepancies and legal challenges.

  3. **Calculation Errors in Interest Due:** Misunderstanding or inaccurately calculating the interest due on the judgment can affect the total amount owed, leading to under or overestimations.

  4. **Forgetting to Deduct Payments Already Made:** Overlooking or failing to deduct any amount already paid towards the judgment from the total amount can result in an overstatement of the balance due.

  5. **Incorrect Garnishment Period:** Selecting the wrong effective garnishment period, especially given the distinctions based on judgment entry dates, can invalidate the writ or require reissuance.

  6. **Neglecting Taxable Costs:** Not including or miscalculating taxable costs, including the estimated cost of service of the writ, can affect the total claimed from the debtor.

  7. **Authorization and Oath Issues:** The judgment creditor or their attorney must affirm that they are authorized to act on behalf of the creditor and must subscribe under oath. Any oversight here can question the writ's validity.

  8. **Improper Service Instructions to the Garnishee:** Erroneous instructions to the garnishee about their responsibilities, including failure to provide the correct documents or timelines for answering the writ and making payments, can lead to legal complications.

  9. **Failing to Provide Calculation Forms to the Garnishee:** Not supplying the garnishee with the necessary calculation forms for determining the amount of exempt earnings can cause delays in garnishment.

  10. **Miscommunication of Payment Details:** Incorrectly identifying where the garnishee should make payments or failing to include the case number on payment documents can disrupt the flow of funds to the correct party.

Avoiding these common errors requires careful review and adherence to the detailed instructions provided within Form 26. Attention to detail can significantly smoothen the garnishment process, ensuring that all parties fulfill their legal obligations efficiently and correctly.

Documents used along the form

When dealing with legal processes, especially in the context of garnishments as outlined in the Colorado 26 form, several other documents are commonly used to ensure compliance and the correct execution of judicial orders. These documents help to clarify the process, protect the rights of all parties involved, and provide a structured approach to managing the complexities of garnishment.

  • Notice of Exemption and Pending Levy: This document is crucial as it informs the judgment debtor about their rights concerning exemptions. It outlines which portions of their property or income cannot be used to satisfy the judgment based on state and federal laws, providing critical information to individuals about how to protect their assets from garnishment or levy.
  • Garnishee Disclosure: This form is completed by the garnishee, typically an employer or bank, after a writ of garnishment has been served. It details the garnishee's relationship with the debtor and discloses the debtor's earnings or assets held by the garnishee. This disclosure is pivotal in determining how much can legally be garnished from the debtor to satisfy the creditor.
  • Claim of Exemption Form: When a debtor believes that the garnishment or levy infringes upon their exempt assets or income, they can use this form to challenge the action. It requires the debtor to list the exemptions they believe are applicable to their situation, which might include a portion of their wages, retirement accounts, or personal property that is protected under law.
  • Objection to Calculation of the Amount of Exempt Earnings (as directly referenced in the Colorado 26 form instructions): This form allows a judgment debtor to dispute the garnishee's calculation of exempt earnings. Essentially, if the debtor believes the garnishment amount does not accurately reflect the exemptions they're entitled to, this document provides a legal avenue for contesting the calculated garnishment amount.
  • Writ of Garnishment with Notice of Exemption: This legal document is issued by a court directing the garnishee to hold the debtor's property, typically earnings, to satisfy a judgment. The inclusion of an exemption notice within the writ itself is crucial, as it instructs both the garnishee and the debtor about identifying and claiming exempt earnings or assets effectively.

Understanding and utilizing these documents correctly is vital for all parties involved in the garnishment process. For individuals facing garnishment, knowledge of these forms can significantly impact their ability to protect their rights and assets. For creditors, it outlines the legal framework needed to pursue garnishment while respecting the debtor's exemptions. Legal professionals and courts rely on these documents to maintain an equitable and efficient garnishment procedure.

Similar forms

The Colorado 26 form is similar to other legal documents related to garnishment, such as the Writ of Garnishment form and the Objection to Calculation of the Amount of Exempt Earnings form. Each of these forms is used in the process of garnishing an individual's earnings to satisfy a judgment. However, they serve different purposes within this process.

The Writ of Garnishment is typically the initial step in the garnishment process following a judgment. This document is issued by the court and orders an employer (garnishee) to withhold a portion of the debtor's earnings and redirect them to satisfy the creditor's judgment. Like the Colorado 26 form, it requires details about the judgment, including the amount and the parties involved, and it specifies the garnishment period. Both forms also include instructions for the garnishee on how to proceed with the garnishment, illustrating their parallel roles in enforcing a judgment through wage garnishment.

On the other hand, the Objection to Calculation of the Amount of Exempt Earnings form allows judgment debtors to contest the amount that is being withheld from their wages. While the Colorado 26 form and the Writ of Garnishment are used to initiate and enforce garnishment, this objection form provides a channel for debtors to assert their rights if they believe an incorrect portion of their earnings is being garnished. Specifically, it requires the debtor to provide an alternative calculation of exempt earnings, mirroring the calculation section in the Colorado 26 form, but from the perspective of disputing the garnishee's calculations.

Dos and Don'ts

When filling out the Colorado 26 form for a Writ of Continuing Garnishment, it's important to handle the document carefully to ensure accuracy and compliance with legal standards. Here are some crucial dos and don’ts:

Dos:

  1. Review the entire form before filling it out - Ensure you understand each section and what is required. This step helps avoid mistakes and ensures the information is complete and accurate.
  2. Provide accurate and up-to-date information - Accuracy is key when filling out legal documents. Double-check details like addresses, phone numbers, and monetary amounts to ensure they are current and correct.
  3. Use a blue or black pen if filling out the form by hand - This makes the document more legible and ensures that copies are clear and easy to read.
  4. Keep a copy for your records - After completing the form and before submitting it, make a copy for your personal records. This can be important for future reference or if any disputes arise.

Don’ts:

  1. Leave blank spaces - If a section does not apply, write “N/A” (not applicable) instead of leaving it blank. This indicates you didn’t overlook the section.
  2. Guess on dates or amounts - When it comes to financial information or dates, ensure every detail you provide is accurate. Guessing can lead to errors that may complicate or delay the garnishment process.
  3. Use correction fluid or tape - Making corrections on legal documents can be tricky. Instead of using correction fluid or tape, it's better to start over on a new form to avoid any questions about the document's integrity.
  4. Sign without reviewing your entries - Before signing the form, review all the information you provided. Your signature is your certification that the information is true and accurate to the best of your knowledge.

Misconceptions

Many people have misconceptions about the Colorado Form 26, known as the Writ of Continuing Garnishment. Here, we aim to clarify some common misunderstandings about this form and its processes.

  • It’s only for wage garnishment. While the form is often associated with garnishing wages, it can also apply to other types of payments like commissions, bonuses, pensions, and certain benefits. It covers a broad range of earnings beyond just the conventional paycheck.
  • Once served, the garnishee can take as much as they want. The reality is the amount that can be garnished is strictly regulated. There are limits set on how much of the debtor's earnings can be garnished, usually not exceeding 25% of their disposable earnings or the amount by which weekly earnings exceed thirty times the minimum wage, whichever is less, to ensure that the debtor has sufficient income to meet basic needs.
  • The garnishee has all the time they want to respond. This is not true. The garnishee must answer the writ within a specified timeframe - no less than 7 nor more than 14 days after they first pay the judgment debtor following the writ's service or 42 days following the service of the writ, whichever is less. Late responses can lead to a default judgment against the garnishee.
  • All earnings are subject to garnishment. Actually, there are exceptions. Certain types of earnings, such as some pension and retirement benefits or insurance payments, may be fully exempt from garnishment. The garnishee should seek legal advice about exemptions available to them which can include total exemptions for particular sources of income.
  • Filing an objection is complicated. While dealing with legal documents can be daunting, the process to object to a calculation of exempt earnings is designed to be accessible. The judgment debtor can use an attached form to object if they believe their exempt earnings were miscalculated, which helps streamline the process.
  • An employer can terminate an employee for having their wages garnished. This is false and a significant misunderstanding. Under Colorado law, and as stated directly in the form, an employer cannot discharge an employee solely because their earnings are being garnished for any one indebtedness. Should this occur, the fired employee might have a legal recourse that includes recovery of lost wages and reinstatement.

Understanding these points can help debunk myths about the Colorado Form 26 and provide clearer insights into the legal process of wage garnishment. It’s always advised to seek legal counsel if there are uncertainties or specific situations that need professional guidance.

Key takeaways

The Colorado 26 form, also known as the Writ of Continuing Garnishment, is a legal document used in the process of garnishing wages from a judgment debtor's earnings to satisfy a debt. Understanding and correctly utilizing this form is critical for both the creditors and the garnishees. Here are some key takeaways to keep in mind:

  • The form must be filled out with accurate information, including the original or revived amount of judgment, the interest due on judgment, taxable costs, and any amounts already paid by the debtor.
  • Garnishment periods vary depending on when the judgment was entered, with specific periods designated for judgments entered before or after certain dates.
  • Affirmation by the judgment creditor or their authorized representative is required, confirming that the information provided on the form is correct and up-to-date as of a specific date.
  • The form requires service upon the garnishee, typically an employer, by someone who is at least 18 years old and not a party to the action, with specific instructions and timelines for compliance.
  • Garnishees are required to answer questions under oath regarding the debtor's employment and earnings within a set timeframe after receiving the writ.
  • Payments of nonexempt earnings to the designated party must occur within a specified period following each payment cycle during the effective garnishment period.
  • The garnishee must also provide the judgment debtor with copies of the Calculation of the Amount of Exempt Earnings form, as well as a blank Objection to Calculation of the Amount of Exempt Earnings form with specific instructions.
  • There are detailed instructions for calculating the amount of exempt earnings, taking into account various deductions and statutory exemptions.
  • If the judgment debtor disagrees with the garnishment amount, they must attempt to resolve the issue with the garnishee first. If unresolved, they can file an Objection to Calculation of the Amount of Exempt Earnings with the court.
  • It is important for employers to remember that they cannot discharge an employee solely because their earnings are subjected to garnishment for any one indebtedness.

The careful execution of the Form 26 is essential in ensuring that the garnishment process is carried out lawfully and efficiently, protecting the rights and interests of all parties involved.

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