Form 26 SC at a glance
What it is: Form 26 SC is the Writ of Continuing Garnishment.
Who signs: A person authorized to act for the Judgment Creditor signs on By: Signature (Type Name, Title, Address and Phone). The Person Answering for the Garnishee signs at Signature of Person Answering.
The Judgment Creditor's Attorney or Judgment Creditor.
A filled-in Form 26 SC example: an attorney garnishes wages for a creditor
How to fill out Form 26 SC, box by box
County Court or District Court
Mark County Court or District Court, and enter the County, Colorado and the Court Address.
Enter the Plaintiff(s)/Petitioner(s) and the Defendant(s)/Respondent(s).
Judgment Creditor's Attorney or Judgment Creditor (Name and Address)
Enter the Judgment Creditor's Attorney or Judgment Creditor (Name and Address). Enter the Phone Number, E-mail, FAX Number and Atty. Reg. # of the Judgment Creditor's Attorney or Judgment Creditor.
Enter the Case Number, Division and Courtroom.
Judgment Debtor's name, last known physical and mailing addresses
Enter the Judgment Debtor's name, last known physical and mailing addresses or a statement that Judgment Debtor's physical and mailing addresses are not known, and other identifying information.
Effective Garnishment Period
Under a. Effective Garnishment Period, mark 91 days (Judgment entered prior to August 8, 2001) or 182 days (Judgment entered on or after August 8, 2001).
Amount of Judgment, Interest, Taxable Costs and Total Amount Due and Owing
In Box 1, enter the Original or Revived Amount of Judgment Entered on the date for the amount.
In Box 2, enter any Interest Due on Judgment (currently ___% per annum).
In Box 3, enter the Taxable Costs (including estimated cost of service of this Writ).
In Box 4, enter Less any Amount Paid.
In Box 5, enter the Principal Balance/Total Amount Due and Owing.
I affirm under penalty of perjury
Enter the date of the statement: "I affirm under penalty of perjury that I am authorized to act for the Judgment Creditor and this is a correct statement as of" the date.
By checking this box
Mark By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form, or By checking this box, I am acknowledging that I have made a change to the original content of this form.
Judgment Creditor's Name, Address and Signature
Enter the Print Judgment Creditor's Name and the Address.
If your situation is different
Writ of Continuing Garnishment
Enter the Garnishee in the blank. The Writ is directed to the Sheriff of any Colorado County or to any person 18 years or older and who is not a party to this action: serve Two Copies of this Writ of Continuing Garnishment upon the Garnishee, with proper return of service to be made to the Court.
Under Make Checks Payable and Mail To, mark Judgment Creditor (only if the Judgment Creditor is a licensed collection agency pursuant to 5-16-101, et. seq., C.R.S.) or Judgment Creditor's Attorney (if applicable), or the Clerk of the County Court or District Court in the city, Colorado (Must select if the Judgment Creditor is not represented by an attorney AND is not a licensed collection agency pursuant to 5-16-101, et. seq., C.R.S.).
Enter the Name and Address. The Garnishee is to put the case number on the front of the check.
You are the Garnishee
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.
Failure to answer this writ of continuing garnishment may result in the entry of a default against the Garnishee.
The Garnishee is summoned to answer the Questions to be Answered by Garnishee under oath and file your answers with the Clerk of Court AND mail a completed copy with your answers to the Judgment Creditor or attorney no later than 7 days after you have been served with this writ.
Is the Judgment Debtor your employee? Yes or No.
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)).
There are a number of total exemptions, and you should seek legal advice about such exemptions. If the earnings are totally exempt, mark box 8.
The Garnishee is ordered to pay any nonexempt earnings to the party designated in "e" 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.
"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, a blank Objection to Calculation of the Amount of Exempt Earnings form, and an EXPLANATION OF WAGE GARNISHMENT IN COLORADO form to the Judgment Debtor."
Sources
[1] Form 26 SC - Writ of Continuing Garnishment (R: 1/22), Colorado Judicial Branch (the Official source link on this page).
