Garnishment of Wages

* If you went to court, got a money judgment against someone, and they are not paying you the money, you can go after that person's wages or other earnings by filing garnishment paperwork with the court.

* Money can then be taken out of the person's paycheck and paid to you.  There is a limit on the amount of money that can be taken out of each paycheck.  A certain amount of money will be taken out of each paycheck until the money you are owed is fully paid.

* NOTE:  If you already know where the person who owes you money works, you can skip this step.

* NOTE:  Some courts have local policies that may be slightly different than the instructions below.  Make sure to check with your local court as to their local policy.

* If you do not know where the person who owes you money works, and the case where you were awarded money is in County Court, follow these steps:

1.  Download JDF 105 Pattern Interrogatories Under C.R.C.P. 369(g) - Individual.  This form asks a lot of questions which the person who owes you money is required to answer (such as where they work).  Fill out the information in the box at the top of the form.  On the first line below the box at the top of the form, enter the name of the person who owes you money.  The person who owes you money will need to fill out the rest of the form by answering the questions.

2.  Send JDF 105 Pattern Interrogatories Under C.R.C.P. 369(g) - Individual to the person who owes you money.  There are two different ways you can send this form to the person who owes you money:
     a.  You can file the form with the court, and the court will send the form to the person who owes you money; OR
     b.  You can arrange to deliver the form to the person who owes you money and file proof of service with the court.  The process of arranging to have the form delivered is known as personal service.  Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court.

3.  Wait for the person who owes you money to send back his/her answers.  He/she must file the answers with the court and send you a copy no later than 14 days after he/she receives the form.  Once you get the answers back, you will have the information you need to file the paperwork to garnish wages.

* If you do not know where the person who owes you money works, and the case where you were awarded money is in Small Claims Court, follow these steps:

1.  Fill out and file JDF 252A Motion and Order for Interrogatories - Short Form or JDF 252B Motion and Order for Interrogatories - Long Form with the court.  These forms ask a lot of questions which the person who owes you money is required to answer (such as where they work). Fill out the information in the box at the top of the form. Fill out the information below where it says "Motion" and sign where it says "Judgment Creditor's Signature".  The court will fill out the "Order" part of the form, and the person who owes you money will need to answer the questions.

2.  The court will send the form to the person who owes you money and they will have 14 days to send back their answers.  Once the answers are received, you will have the information you need to file the paperwork to garnish wages.

*  If the case where you were awarded money is in District Court, see Rule 69(d) of the Colorado Rules of Civil Procedure for information on how to send questions to the person who owes you money that they are required to answer.

* You will file your paperwork with the same court where the case awarding you a money judgment is located.  You will also use the same case number.

You will need these forms:
* Form 26 SC - Writ of Continuing Garnishment
* Form 27 SC - Calculation of the Amount of Exempt Earnings
* Form 28 SC - Objection to the Amount of Exempt Earnings

* Form 28A SC - Objection to the Amount of Exempt Earnings (for Public Assistance Fraud Judgments)

* For detailed instructions, see JDF 82 Instructions for Collecting a Judgment and Completing a Writ of Garnishment.

* You and the person that owes you money will have the same "identities" to the court as you did in the original case where the court awarded you the money. For example, if you were the Plaintiff or Petitioner in the original case, you will be the Plaintiff or Petitioner when you file this paperwork.

* You will use the same case number from your original case.

* If you are owed money, you are referred to as the Judgment Creditor.

* The person who owes you money is referred to as the Judgment Debtor.

* The employer of the person who owes you money is known as the Garnishee.

* Fill out lines 1 - 5 at the top part of Form 26 Writ of Continuing Garnishment and sign below line 5.  You must sign this form in front of a Notary Public or court clerk.  You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

* Take your completed Form 26 Writ of Continuing Garnishment to the clerk at the courthouse. Give the form to the clerk to file your case.

* After you file Form 26 Writ of Continuing Garnishment, the clerk at the court will sign and issue the Writ back to you after you pay a filing fee. If you do not think you can afford it, you can request a waiver of the filing fee by completing form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit, and the caption box of JDF 206 Finding and Order Concerning Payment of Fees.