Blank Colorado 26 Template

The Colorado 26 form, officially known as the Writ of Continuing Garnishment, is a legal document used in the process of recovering debts through wage garnishment. This form notifies a third party, such as an employer, that they must withhold a portion of a debtor's earnings to satisfy a judgment. Understanding how to complete this form correctly is essential for both creditors seeking payment and debtors protecting their rights.

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Article Guide

The Colorado 26 form, officially referred to as the Writ of Continuing Garnishment, plays a pivotal role in the enforcement of court judgments. This document is utilized primarily by judgment creditors seeking to secure payment from debtors through garnishment of their nonexempt earnings. It includes essential sections outlining the judgment creditor’s information, the debtor's identifying data, and the specific amounts owed following a judgment. Crucially, it also specifies the garnishment period, which can last from 91 days to 182 days depending on the date the judgment was entered. The form requires the garnishee to adhere to strict deadlines for responding and remitting payments, thereby ensuring compliance with the court’s directives. Additionally, it includes detailed instructions regarding how the garnishee should handle calculations of exempt earnings and outlines the rights of both the judgment debtor and the garnishee. The form must be correctly filled out and served to the appropriate parties, emphasizing the importance of precision and timeliness in these proceedings. By navigating the complexities of the Colorado 26 form, parties can mitigate potential disputes and facilitate the efficient collection of owed debts in accordance with state regulations.

Form Sample

United States Bankruptcy Court, District of Colorado U.S. Custom House, 721 – 19th Street

Denver, Colorado 80202-2508

Plaintiff(s)/Petitioner(s):

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
		COURT USE ONLY
		Case Number:
Judgment Debtor’s Attorney or Judgment Debtor (Name and Address):		Case Number:

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.

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
My Commission Expires: ____________________________
________________________________________________
Notary Public/Deputy Clerk

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

⇩ PDF

Document Specifications

Fact Name	Details
Governing Law	This form is governed by the Colorado Revised Statutes, specifically sections related to garnishments and collection actions.
Purpose	The Colorado 26 form is designed to initiate a Writ of Continuing Garnishment, which allows a creditor to collect debts owed to them by garnishing a debtor’s wages or bank accounts.
Effective Garnishment Periods	The form provides specific options for effective garnishment periods based on when the judgment was entered, with standard periods of 91 or 182 days.
Response Requirement	Garnishees are required to respond to the form within 7 to 14 days, depending on the payment schedule, to avoid potential default judgments against them.

Steps to Filling Out Colorado 26

After gathering all necessary information and documents, you will need to fill out the Colorado 26 form accurately to ensure your garnishment request is processed efficiently. This form includes details about the judgment debtor, the judgment creditor, and specific amounts owed. Filling it out correctly is crucial for the next steps in the legal process.

Obtain the form: Download the Colorado 26 form from the official court website or obtain a physical copy from the courthouse.
Fill in the court information: At the top of the form, write the name and address of the United States Bankruptcy Court, District of Colorado.
Enter the parties involved: In the designated sections, indicate the names of the Plaintiff(s)/Petitioner(s) and Defendant(s)/Respondent(s).
Include the judgment creditor's information: Write the name, address, phone number, and email of the judgment creditor or their attorney, including the attorney registration number.
Provide the case number: Fill in the case number assigned to your case.
Enter the judgment details: Fill out the original amount of the judgment, specify the date it was entered, and choose the effective garnishment period by marking the appropriate box.
Calculate totals: Complete sections regarding any interest due on the judgment, taxable costs, any amounts already paid, and the principal balance owed.
Affirm your authority: Sign and date where indicated, affirming that you are authorized to act for the judgment creditor.
Complete the service instructions: Direct how the writ should be served, including the garnishee's name. Mark the appropriate boxes to specify payment instructions.
Review: Double-check all entries for accuracy, completeness, and correct signatures.
File the form: Submit the completed form to the court, ensuring that you keep copies for your records.

More About Colorado 26

What is the Colorado 26 form used for?

The Colorado 26 form, known as the Writ of Continuing Garnishment, is used in the state of Colorado to collect a judgment against a debtor. It informs a third party, called the garnishee, that they need to withhold a portion of the debtor's earnings or property to satisfy the judgment amount. This process allows creditors to access funds directly from income sources like wages or bank accounts.

Who can file a Colorado 26 form?

Only a judgment creditor—an individual or entity that has won a legal judgment against another party—can file a Colorado 26 form. To do this, they must have the necessary information about the debtor and the case in which the judgment was issued. It's commonly used by creditors like banks, businesses, or individuals seeking to enforce a court judgment.

What information is required on the form?

To complete the Colorado 26 form, you'll need to provide several pieces of information. This includes the full name and last known address of the judgment debtor, the details of the original judgment like the amount and date entered, and any interest or taxable costs due. You’ll also indicate the effective garnishment period, which varies based on when the judgment was entered.

What happens after the form is submitted?

Once the form is filed with the court and served to the garnishee, that third party must respond. They are required to answer specific questions regarding the debtor's earnings and how much they owe. The garnishee must also start to withhold the appropriate amount from the debtor's earnings and pay it to the creditor. Failure to comply can result in legal consequences for the garnishee.

How long is the garnishment effective?

The garnishment is effective for the duration specified in the form, usually for a period of 91 or 182 days, depending on when the original judgment was issued. If there was a previous garnishment served, the new one would typically be effective after the previous one ends. This means that creditors have an ongoing way to collect payments without needing to start a new legal process each time.

Can the garnishee refuse to comply?

The garnishee cannot refuse to comply with the Writ of Continuing Garnishment unless they can prove a legal reason for doing so, such as if the earnings are exempt from garnishment. However, if they do not act as required, they could face legal action or a default judgment against them. It's essential for them to respond correctly and timely to avoid any penalties.

What should a judgment debtor do if they believe their earnings were improperly garnished?

If a judgment debtor believes their earnings are being garnished improperly, they should first communicate with the garnishee to resolve the issue. If they cannot reach a resolution, they can file an objection to the court. It's crucial to do this within 14 days of the garnishment to preserve their rights. Seeking legal advice can also be beneficial in navigating this process.

Common mistakes

Incorrectly filling out the judgment details: People often enter the wrong date or amount of the judgment. Ensuring that this information reflects the initial judgment accurately is crucial, as errors can lead to complications or delays in the garnishment process.
Failing to specify the effective garnishment period: It's common for individuals to overlook marking the correct box indicating the garnishment period. This information determines how long the garnishment will remain in effect. The wrong selection could result in either an over-extension or an early termination of garnishment.
Leaving out interest calculations: Some people forget to calculate and include any interest due on the judgment. This can lead to an inaccurate total amount owed. Make sure to assess interest correctly based on the judgment terms to avoid financial discrepancies.
Not providing proper contact details: Participants may neglect to fill in their contact information, such as phone number or email address. This can hinder communication and affect the entire garnishment process. Providing accurate contact details ensures that all parties can reach each other when necessary.

Documents used along the form

The Colorado 26 form, or the Writ of Continuing Garnishment, is a crucial document used in the garnishment process. Several additional forms and documents often accompany this form to enforce judgment collections and protect the rights of the parties involved. Each of these additional documents serves a specific purpose, ensuring that the process is legally sound and transparent. Below is a collection of related forms that play significant roles in the garnishment procedure.

Return of Service: This document confirms that the Writ of Continuing Garnishment has been properly served on the garnishee. It outlines details of the service, including who received the writ and when it occurred.
Objection to Calculation of the Amount of Exempt Earnings: Judgment debtors can use this form to challenge the garnishee's calculation of their exempt earnings. It allows them to present an alternative calculation and request adjustments regarding the amount withheld from their wages.
Calculation of the Amount of Exempt Earnings: This form is often used by garnishees to determine how much of a judgment debtor’s earnings can be garnished. It takes into account various deductions and exemptions as stipulated by law.
Notice to Judgment Debtor: Accompanying the Writ, this notice informs the judgment debtor of their rights during the garnishment process, including their right to object and seek clarification about any earnings withheld.
Writ of Garnishment for Child Support: If a judgment garnishment is related to child support obligations, this specialized writ is used to ensure that the garnishment process complies with specific regulations governing child support payments.
Petition for Garnishment: This initial request initiates the garnishment process. It allows the judgment creditor to formally seek garnishment of the debtor’s wages or property, outlining the necessary details of the judgment.
Garnishee Answer: The garnishee (the third party holding the debtor's assets) completes this form to respond to the Writ. It confirms whether or not they owe any money to the judgment debtor at the time of service and outlines the specifics of any payments to be made.
Income Withholding Order: Used primarily in situations involving domestic support obligations, this document establishes mechanisms for withholding a portion of the judgment debtor’s income to satisfy ongoing obligations.
Breach of Garnishment Hearing Request: If disputes arise regarding the garnishment or payments are unfairly withheld, either party may request a hearing to resolve these issues, and this form is often utilized for that purpose.
Certification of Non-Compliance: When garnishees fail to comply with the Writ of Continuing Garnishment, this certification may prompt further action or legal recourse for the judgment creditor.

Understanding these forms and documents is essential for both creditors and debtors involved in the garnishment process. By being aware of their rights and responsibilities, parties can navigate the complexities of garnishment more effectively.

Similar forms

The Colorado 25 form, also known as the “Writ of Garnishment,” is similar to the Colorado 26 form in that both are used to seek the garnishment of a debtor's wages. The Colorado 25 specifically allows creditors to claim amounts owed directly from an individual's earnings. Much like the Colorado 26, it entails providing detailed information about the debtor, the judgment amount, and the garnishee, ensuring that proper procedures are followed for service and response. Both forms aim to facilitate the collection of debts while respecting legal requirements for notification.

The Colorado 27 form, or the “Garnishee's Response,” closely mirrors the Colorado 26 form as it is also a response document that garnishees receive. This form enables the garnishee to report the amounts they owe to the debtor and confirm whether earnings are nonexempt or exempt. Like the Colorado 26, it requires the garnishee to provide accurate information about their payments to the debtor. The clear communication established through both forms ensures that the garnishment process is tracked correctly and allows debtors to know how much is being withheld.

The Colorado 36 form, titled “Writ of Garnishment for Child Support,” serves a similar purpose to the Colorado 26 but is specifically aimed at collecting child support payments. This form requires a similar detailed account of the debtor's finances and the garnishee's responsibilities. Its structure aligns closely with that of the Colorado 26, maintaining the same urgency for garnishees to comply with reporting requirements. Both documents illustrate the legal avenues available to collect financial obligations, emphasizing the necessity of timely responses to prevent defaults.

The Colorado 10 form, known as the “Answer to a Complaint,” shares the function of the Colorado 26 when it comes to addressing a legal financial matter. While it does not directly enable the garnishment of wages, it allows defendants in a financial dispute to respond to claims against them. This form initiates communication with the court, akin to how the Colorado 26 initiates the garnishment process. Both processes are designed to provide transparency and foster a timely resolution of disputes.

The Colorado 24 form, or “Writ of Attachment,” is another document similar to the Colorado 26. While the Colorado 26 seeks to garnishee wages, the Colorado 24 form allows for the seizure of property or assets to satisfy a judgment. Both forms require detail about the judgment and debtor and serve to inform all parties of their rights and responsibilities. Their similar structure and objectives highlight the various enforcement mechanisms available in debt recovery procedures.

The Colorado 12 form, known as the “Notice of Hearing,” plays a crucial role in the process of garnishment. While it doesn’t directly initiate a garnishment like the Colorado 26, it informs parties about hearings related to the enforcement of judgments. This form ensures that all stakeholders are aware of legal proceedings and their potential outcomes, similar to how the Colorado 26 ensures that debtors and garnishees are informed of garnishment actions.

The Colorado 28 form, titled “Objection to Calculation of Exempt Earnings,” is designed for debtors who wish to challenge the amounts being withheld by their garnishee. Similar to the Colorado 26 form, it provides the framework for debtors to express concerns about garnishment calculations. It empowers individuals to advocate for their rights and understand the garnishment process, thereby ensuring that both the creditors and debtors have pathways to communicate their positions.

The Colorado 11 form, or the “Continuing Writ of Garnishment,” also overlaps with the Colorado 26. This form allows creditors to continue garnishing a debtor's wages after an initial garnishment order is in place. By establishing ongoing obligations, both forms are instrumental in securing debt recovery while abiding by statutory requirements. They create a structured approach to managing debt that aids in accountability for all parties involved.

The Colorado 34 form, known as the “Motion for Hearing,” can also be likened to the Colorado 26. This form enables parties to request a court hearing regarding various financial disputes, including those linked to garnishment proceedings. By facilitating communication between the court and involved parties, it maintains the balance of fairness established by the Colorado 26, ensuring that everyone has access to legal recourse in financial matters.

Lastly, the Colorado 18 form, or the “Affidavit of Service,” is essential in documenting the service of court papers, including the Colorado 26. This form serves to confirm that all parties were properly notified of their legal obligations and rights concerning the garnishment. Similar to the Colorado 26, it reinforces the importance of following proper procedures and maintains the integrity of the legal process by documenting compliance with legal notifications.

Dos and Don'ts

Read the instructions carefully. Familiarize yourself with all sections of the Colorado 26 form to avoid any mistakes.
Provide complete information. Fill in all required fields meticulously. Missing details can lead to delays or rejection of the form.
Double-check the names and addresses. Ensure that the names of all parties are spelled correctly and addresses are accurate.
Use the correct case number. It’s vital that you reference the right case number to prevent confusion.

Don't rush through the process. Take your time to ensure accuracy. Errors can have significant repercussions.
Don't forget signatures. Ensure that all required signatures are present, including your own and any notary if necessary.
Avoid incomplete calculations. If you owe interest or costs, make sure to calculate these accurately to reflect the true amount due.
Don’t ignore deadlines. Submit your form in a timely manner to comply with court requirements and avoid penalties.

Misconceptions

Misconception 1: The Colorado 26 form can be used for any type of debt.

This form specifically applies to garnishments related to judgments. It does not cover all debts, but rather focuses on those resulting from court decisions.

Misconception 2: The garnishee can withhold any portion of the debtor's earnings.

Only nonexempt earnings can be withheld, and the garnishee must adhere to specific limits outlined in the form. They cannot take more than the judgment amount specified.

Misconception 3: Completing the form is optional for the garnishee.

Filling out the Colorado 26 form is mandatory. Failure to do so can lead to default judgments against the garnishee, impacting their legal standing.

Misconception 4: The judgment debtor has no rights during the garnishment process.

Judgment debtors have rights, including the option to object to the garnishment. They can challenge the amount being withheld and may seek legal advice if needed.

Misconception 5: The form can be ignored if service is not completed properly.

Improper service must be corrected. Ignoring the requirements can have serious consequences and can complicate the process further for both the creditor and debtor.

Key takeaways

When completing the Colorado 26 form, provide accurate information about the judgment debtor, including their name and last known address.
Clearly indicate the original or revived amount of judgment and any interest due. This ensures all parties understand the total amount owed.
Understand the importance of the effective garnishment period. This dictates how long the garnishment will be in effect, which can range from 91 to 182 days, depending on when the judgment was entered.
If you are the garnishee, respond under oath to the questions outlined by the court. Your answers impact the garnishment process and must be sent within the specified time frame.
Both the judgment debtor and garnishee should be aware of their rights and responsibilities. For example, the garnishee cannot withhold more than the amount specified on the form, and the judgment debtor has the right to object to the garnishment calculations.