Colorado Form 26 PDF Details

In the intricate legal framework surrounding financial obligations and recovery, the Colorado 26 Form stands out as a crucial document for the implementation of a Writ of Continuing Garnishment. Originating from the United States Bankruptcy Court for the District of Colorado, this form orchestrates the process through which creditors can claim outstanding debts directly from a debtor's earnings, post-judgment. It delineates the obligations of the garnishee, the entity holding funds due to the debtor, ensuring due process is followed in withholding and remitting earnings to satisfy the judgment. With provisions that detail the original judgment amount, accrued interest, taxable costs, and the remaining balance owing, as well as explicit instructions for the garnishee including the calculation of exempt earnings, the form is comprehensive. It is embedded within a framework that seeks to balance the creditor's right to recover debts and the protection of certain earnings for the debtor, outlining procedures for objections and disputes over garnishment calculations. Furthermore, the form includes notices to both judgment debtor and garnishee, emphasizing rights, obligations, and the potential legal ramifications of failing to comply with the garnishment order. This carefully structured document demonstrates the legal ecosystem’s capacity to enforce financial judgments while safeguarding fairness and due process.

QuestionAnswer
Form NameColorado Form 26
Form Length6 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 30 sec
Other nameswrit of continuing garnishment writ of continuing garnishment colorado pdf form

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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

How to Edit Colorado Form 26 Online for Free

It is possible to complete the Colorado Form 26 document using our PDF editor. The next steps will assist you to immediately create your document.

Step 1: To start out, choose the orange button "Get Form Now".

Step 2: At this point, you can start modifying your Colorado Form 26. Our multifunctional toolbar is at your disposal - add, remove, alter, highlight, and conduct various other commands with the content material in the form.

Provide the requested data in every single part to prepare the PDF Colorado Form 26

Colorado Form 26 empty fields to complete

The application will need you to fill out the Taxable Costs including estimated, Less any Amount Paid, Principal BalanceTotal Amount Due, I affirm that I am authorized to, Subscribed under oath before me on, Notary Public or Deputy Clerk, My Commission Expires, Print Judgment Creditors Name, Address, By Signature Type Name Title, WRIT OF CONTINUING GARNISHMENT THE, and a To answer the following field.

step 2 to entering details in Colorado Form 26

The system will ask you to provide specific important information to easily complete the segment you pay the Judgment Debtor for, e MAKE CHECKS PAYABLE AND MAIL TO, By Deputy Clerk, Kenneth S Gardner, Date, NOTICE TO GARNISHEE a This Writ, Earnings includes all forms of, In no case may you withhold any, Judgment Debtors Name, QUESTIONS TO BE ANSWERED BY, The following questions MUST be, and a On the date and time this Writ.

Finishing Colorado Form 26 part 3

Inside of space Health Accident or Disability, Pension or Retirement Benefits, b Are you under one or more of the, Writ of Continuing Garnishment, Writ of Garnishment for Support, If you marked Box and you did NOT, FORM R WRIT OF CONTINUING, and Page of, identify the rights and obligations.

Filling out Colorado Form 26 stage 4

End by checking the next areas and filling them out as required: If you marked Box or and you did, CALCULATION OF THE AMOUNT OF, Gross Earnings for the First Pay, Less Deductions Required by Law, Disposable Earnings Gross Earnings, Less Statutory Exemption Use, Net Amount Subject to Garnishment, Less WageIncome Assignments During, Amount to be withheld and paid, EXEMPTION CHART Minimum Hourly, PAY PERIOD Weekly Biweekly, AMOUNT EXEMPT IS THE GREATER OF x, I certify that I am authorized to, and Name of Garnishee Print Address.

Completing Colorado Form 26 part 5

Step 3: When you select the Done button, your final document is simply transferable to any type of of your devices. Or, you can send it through mail.

Step 4: It can be easier to prepare copies of the file. There is no doubt that we are not going to display or read your information.

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