Garnishment of Wages

What is this process?

• If you're owed money from a Court-Ordered Judgment, you can go after the Debtor's wages through a process called a Continuing Garnishment.
• Once a Continuing Garnishment is in place, money is deducted from each paycheck until the Judgment is paid off.
• There is a limit on the amount that can be taken from each paycheck (see Colorado Legal Services Garnishment Page).

Definitions

• Judgment Creditor – You, the person who is owed money from a Court-Ordered Judgment.
• Judgment Debtor – The person who owes you money.
• Garnishee – For a Continuing Garnishment, this is the Debtor's Employer.

Notes

• Skip this step if you already know the Debtor's employer.
• Check with your Court for its procedures.  They may be different than what's listed here.

County Court Process

1. Form: JDF 105 [PDF] – Pattern Interrogatories (Individual)
   • Just complete the case caption, and
   • Enter the name of the person who owes you money (debtor).
2. Send Form
   • File the form with the court to send it to the debtor for you; Or
   • Deliver it to them through personal service.
3. Wait for the Debtor's Answers
   • They have 14 days to respond.

Small Claims Process

1. Forms
   • JDF 252A [PDF] – Motion and Order for Interrogatories (short form), or
   • JDF 252B [PDF] – Motion and Order for Interrogatories (long form)
2. Send Form
   • File the form with the court to send to the Debtor.
3. Wait for the Debtor's Answers
   • They have 14 days to respond.

District Court Process

1. Form 20 [PDF] – Parren Interrogatories (district court)
2. Send Form
   • Deliver it to the Debtor through personal service.
   • See Rule 69(d) of the Colorado Rules of Civil Procedure (C.R.C.P).
3. Wait for the Debtor's Answers
   • In general, they have 35 days to respond.

Guide

• JDF 82 – Guide to Judgment and Garnishment

Forms

• Form 26 – Writ of Continuing Garnishment
• Form 27 – Calculation of Exempt Earnings
• Form 28 – Objection to Exempt Earnings
• Form 28 A – Objection to Exempt Earnings (for Public Assistance Fraud Judgments)

File

• File the forms into the same Court Case where you received the money judgment.
• Pay or waive the filing fee.

Service

• Complete just the caption of JDF 98 [PDF] – Affidavit of Service.
• Take the Affidavit and the Garnishment forms to a process server.
• The Process Server will personally deliver the forms to the Debtor's Employer (the garnishee).
• File the signed Affidavit into your case once it's returned to you by the Process Server.

Objection

• The Debtor can object to the amount of wages deducted, not that they're being deducted.
• If there is a dispute as to that amount, the Court may resolve it through a hearing.

Completion

• Once the Judgment is paid in full, file form JDF 111 [PDF] - Satisfaction of Judgment with the Court.
• Mail a copy to the Debtor and the Debtor's Employer (garnishee).