Garnishment of Wages

About Garnishment of Wages

Garnishment of wages is used to collect a judgment by garnishing a debtor's wages.

"Interrogatories" are a series of approved questions to find what assets a debtor has. "Garnishment" is a legal process to collect money from a debtor's assets.

Minimum wage: Federal minimum wage is $7.25 as of July 1, 2009. Colorado minimum wage is $12.56 as of January 1, 2022.

Criteria for Garnishment of Wages

If you went to court and got a money judgment against someone, but 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.

How to Start a Case

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.

First, you need to determine where the person who owes you money works. If you already have this information, 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.

County Court Process

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. Use the forms link above to download and complete JDF 105 Pattern Interrogatories Under C.R.C.P. 369(g) - Individual.
   • This form asks questions that 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 (called the "case caption").
   • On the first line below the case caption, 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 the form to the person who owes you money. There are two different ways you can send them this form:
   • You can file the form with the court, and the court will send the form to the person who owes you money; or
   • 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. Self-Help Service of Process will help you understand 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.

Small Claims Court Process

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. Use the forms link above to download and complete JDF 252A Motion and Order for Interrogatories - Short Form or JDF 252B Motion and Order for Interrogatories - Long Form, then file the form with the court.
   • These forms ask questions that 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 (called the "case caption").
   • 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.

District Court Process

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, which they are required to answer.

Forms and Paperwork Required

Use the forms link above to download and complete the Garnishment of Wages forms. For detailed instructions on how to fill out these forms, review JDF 82 How to Collect on a Judgment.

Paperwork Tips

You and the person who 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 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.

How to Submit Paperwork to the Court

1. Take your completed Form 26 Writ of Continuing Garnishment to the clerk at the counter in the courthouse. Give the form to the clerk to file your case.
2. 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 the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.

Arrange to Serve the Paperwork on the Garnishee

After you file Form 26 Writ of Continuing Garnishment, and the court signs and issues the Writ back to you, you must arrange to deliver two copies of Form 26 Writ of Continuing Garnishment, two blank copies of Form 27 Calculation of the Amount of Exempt Earnings, and one blank copy of Form 28 Objection to Calculation of the Amount of Exempt Earnings to the employer of the person who owes you money (the Garnishee).

The process of having these forms delivered is known as personal service. Self-Help Service of Process will help you understand how to arrange for personal service and how to return proof of service to the court.

What Happens Next?

After you serve Form 26 Writ of Continuing Garnishment, Form 27 Calculation of the Amount of Exempt Earnings, and Form 28 Objection to Calculation of the Amount of Exempt Earnings on the employer of the person who owes you money (the Garnishee), the employer will fill out their portion of these forms and send them to you, the court, and the person who owes you money after the next time they get paid.

If the person who owes you money does not object, money will be taken out of their wages and paid to you. If the person who owes you money objects in writing with the court, the money will be sent to the court to be held until the issue is resolved.

Satisfaction of Judgment

Once the person who owes you money pays you everything in full, fill out and file JDF 111 Satisfaction of Judgment with the court. This will let the court know that you have been paid everything you are owed and that the case is over. 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.