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Fill in Your Colorado 26 Template

The Colorado 26 form is a legal document known as the Writ of Continuing Garnishment. It is used in the state of Colorado to collect a debt by garnishing a debtor's wages or other earnings. Understanding this form is crucial for both creditors seeking to enforce a judgment and debtors wanting to protect their rights.

Table of Contents

The Colorado 26 form, known as the Writ of Continuing Garnishment, serves as a crucial legal document in the enforcement of judgments in the state of Colorado. This form is utilized by judgment creditors to initiate the garnishment process, allowing them to collect amounts owed by judgment debtors through their earnings. Key components of the form include the identification of the judgment debtor, the original or revived amount of the judgment, and the effective garnishment period, which can vary based on the date the judgment was entered. Additionally, the form requires the judgment creditor to provide details about any interest due and taxable costs associated with the judgment. It also mandates that the garnishee, typically the debtor's employer, respond to specific questions regarding the debtor's earnings and comply with payment instructions within a designated timeframe. The Colorado 26 form emphasizes the rights and responsibilities of both the creditor and the garnishee, ensuring that the garnishment process is conducted fairly and in accordance with state laws. Understanding this form is essential for anyone involved in a garnishment case, as it outlines the legal framework for collecting debts through wage garnishment.

Sample - Colorado 26 Form

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

↓ Colorado 26 PDF

File Specs

Fact Name	Description
Governing Law	The Colorado Writ of Continuing Garnishment is governed by Colorado Revised Statutes, specifically C.R.S. § 13-54.5.
Purpose	This form is used to collect a judgment debt by garnishing a debtor's wages or bank accounts.
Effective Garnishment Period	The garnishment period can be 91 days or 182 days, depending on when the judgment was entered.
Judgment Amount	It includes the original judgment amount, any accrued interest, and taxable costs.
Garnishee Responsibilities	The garnishee must respond under oath and withhold nonexempt earnings as directed by the writ.
Judgment Debtor Rights	Judgment debtors have the right to object to the garnishment and seek a court hearing if necessary.

Colorado 26 - Usage Guidelines

Completing the Colorado 26 form involves several steps that require careful attention to detail. This form is crucial for initiating a writ of continuing garnishment, which allows a creditor to collect on a judgment. Before you begin, ensure you have all the necessary information at hand, such as the judgment debtor's details and the specifics of the judgment itself. Once completed, this form will need to be filed with the appropriate court.

Begin by filling in the court information at the top of the form, including the court's address and the case number.
Identify the plaintiff(s) or petitioner(s) and the defendant(s) or respondent(s) by entering their names in the designated fields.
Provide the judgment creditor’s attorney or judgment creditor's name and address, along with their phone number, email, and fax number.
Indicate the judgment debtor’s name, last known address, and any other identifying information in the specified area.
Enter the original or revived amount of the judgment and the date it was entered.
Mark the appropriate box to indicate the effective garnishment period based on when the judgment was entered.
Complete the section for interest due on the judgment by calculating the percentage per annum and entering the total amount.
List any taxable costs, including the estimated cost of service for the writ.
Deduct any amounts already paid from the total judgment amount.
Calculate the principal balance or total amount due and owing, and enter this figure.
Affirm your authority to act for the judgment creditor by signing and dating the statement at the bottom of the form.
Have the form notarized or signed by a deputy clerk, ensuring all necessary signatures are present.
Make copies of the completed form to serve to the garnishee and retain for your records.
File the original form with the court and ensure proper service is made to the garnishee.

Your Questions, Answered

What is the Colorado 26 form?

The Colorado 26 form is known as the Writ of Continuing Garnishment. It is used in the U.S. Bankruptcy Court for the District of Colorado to collect debts through garnishment of a judgment debtor’s earnings. This legal document directs a third party, known as the garnishee, to withhold a portion of the debtor's earnings to satisfy a judgment.

Who can file a Colorado 26 form?

Any judgment creditor who has obtained a court judgment against a debtor can file the Colorado 26 form. This includes individuals or businesses that have been awarded a monetary judgment in court and are seeking to collect the owed amount through garnishment.

What information is required on the Colorado 26 form?

The form requires specific details, including the names and addresses of the plaintiff (creditor) and defendant (debtor), the case number, the amount of the judgment, interest, and any taxable costs. It also asks for the garnishee's information, which is the person or entity that will be withholding the earnings.

What is the effective garnishment period?

The effective garnishment period varies based on when the judgment was entered. For judgments entered prior to August 8, 2001, the period is typically 91 days. For judgments entered on or after that date, the period is usually 182 days. The form allows the creditor to select the appropriate option based on the judgment date.

What happens if the garnishee fails to respond?

If the garnishee does not respond to the Writ of Continuing Garnishment, they may face legal consequences. A default judgment can be entered against them, which means they may be held liable for the amount owed by the debtor.

What should the garnishee do upon receiving the form?

Upon receiving the Colorado 26 form, the garnishee must serve two copies of the writ to the designated parties and respond to specific questions under oath. They are also required to withhold any nonexempt earnings and pay the appropriate amount to the judgment creditor within the specified time frame.

Can a debtor object to the garnishment?

Yes, a debtor can object to the garnishment. If they believe that the garnished earnings are exempt or that the calculation is incorrect, they can file an objection. This must be done within 14 days of being paid, using the attached objection form provided with the writ.

What are exempt earnings?

Exempt earnings refer to certain types of income that cannot be garnished. This may include specific benefits such as pension or retirement funds, health insurance payments, and disability benefits. Debtors should seek legal advice to determine if their earnings qualify for exemption.

How can a debtor protect their rights during garnishment?

Debtors can protect their rights by understanding the garnishment process and knowing their legal options. They should communicate with the garnishee if there are any disputes and file an objection if necessary. Consulting with a lawyer can also provide valuable guidance on how to navigate the situation effectively.

Common mistakes

Incorrect Identification of the Judgment Debtor: Failing to provide the full name, last known address, and any other identifying information can lead to delays or complications in the garnishment process.
Missing Signature: Not signing the form can result in the court rejecting the submission. Ensure that the appropriate party signs the document.
Incorrect Judgment Amount: Entering an incorrect original or revived amount of the judgment can lead to inaccurate calculations and potential legal issues.
Failure to Mark Appropriate Garnishment Period: Not selecting the correct effective garnishment period can result in improper enforcement of the garnishment.
Omitting Interest and Costs: Forgetting to include any interest due or taxable costs can lead to an underestimation of the total amount due.
Not Updating Contact Information: Providing outdated contact information for the judgment creditor or their attorney can hinder communication and delay proceedings.
Ignoring Service Requirements: Failing to serve the required copies of the writ properly can result in noncompliance with court procedures.
Neglecting to Complete Garnishee Questions: Leaving questions unanswered can lead to incomplete information being submitted, affecting the garnishment process.
Not Seeking Legal Advice: Many individuals overlook the importance of consulting with a legal expert to understand their rights and obligations under the garnishment process.

Documents used along the form

The Colorado 26 form, known as the Writ of Continuing Garnishment, is an important document used in the process of garnishing wages or other earnings from a judgment debtor. In conjunction with this form, several other documents may be necessary to ensure the proper legal procedures are followed. Below is a list of these documents, along with a brief description of each.

Objection to Calculation of the Amount of Exempt Earnings: This form allows the judgment debtor to formally contest the garnishee's calculation of exempt earnings. It provides a structured way for the debtor to assert their rights regarding how much of their earnings can be garnished.
Return of Service: This document serves as proof that the Writ of Continuing Garnishment was properly served to the garnishee. It details the time, date, and method of service, confirming that the garnishee has received the necessary documents.
Garnishee's Answer: The garnishee must respond to the writ by providing information about the judgment debtor's earnings. This answer includes details about any amounts owed to the debtor and must be submitted within a specified timeframe.
Calculation of the Amount of Exempt Earnings: This form is used by the garnishee to determine the amount of the debtor's earnings that can be garnished. It includes calculations based on gross earnings, deductions, and applicable exemptions.
Notice to Judgment Debtor: This document informs the judgment debtor of their rights regarding the garnishment process. It outlines what the debtor can expect and what actions they can take if they disagree with the garnishment.
Motion to Quash Garnishment: If the judgment debtor believes the garnishment is improper, they can file this motion. It requests the court to cancel or modify the garnishment order based on specific legal grounds.
Request for Hearing: This form allows the judgment debtor to formally request a court hearing regarding the garnishment. This is often necessary if there are disputes about the amount being garnished or the validity of the garnishment itself.
Exemption Claim Form: This document is used by the judgment debtor to claim specific exemptions that may protect certain earnings from being garnished. It is essential for individuals who believe their income should not be subject to garnishment due to legal protections.
Judgment Creditor's Statement: This form is submitted by the judgment creditor to provide the court with information about the debt owed and any payments received. It helps to clarify the total amount due and the creditor's position in the garnishment process.

Each of these documents plays a critical role in the garnishment process, ensuring that both the rights of the judgment debtor and the interests of the judgment creditor are addressed. Understanding these forms can help individuals navigate the complexities of wage garnishment in Colorado.

Similar forms

The Colorado 27 form, similar to the Colorado 26 form, is used for a Writ of Garnishment. This document is specifically utilized to seize funds from a third party who owes money to the debtor. Like the Colorado 26 form, it requires detailed information about the judgment debtor and the amounts owed. Both forms serve the purpose of enforcing a judgment by allowing creditors to collect debts through garnishment, ensuring that the process is legally sanctioned and properly documented.

The Colorado 28 form, known as the Objection to Calculation of the Amount of Exempt Earnings, parallels the Colorado 26 form in its focus on garnishment procedures. This document allows a judgment debtor to contest the calculations made by the garnishee regarding exempt earnings. It is essential for protecting the rights of the debtor, similar to how the Colorado 26 form protects the interests of the creditor. Both documents require accurate financial information and adherence to specific timelines, ensuring that all parties are aware of their rights and obligations.

The Colorado 29 form, which is a Writ of Garnishment for Support, shares similarities with the Colorado 26 form in that it addresses garnishment but specifically pertains to child support payments. This form is used when a creditor seeks to garnish wages for unpaid child support. Just like the Colorado 26, it outlines the responsibilities of the garnishee and the debtor, and both documents aim to facilitate the collection of owed amounts through legal means.

The Colorado 30 form, known as the Notice of Garnishment, is another document that aligns with the Colorado 26 form in terms of garnishment processes. This notice informs the judgment debtor that their earnings are being garnished. It includes similar details regarding the amounts owed and the garnishee's obligations. Both forms serve to ensure that the debtor is aware of the legal actions being taken against them and provide a framework for compliance with the garnishment order.

The Colorado 31 form, which is a Request for Hearing on Garnishment, is comparable to the Colorado 26 form as it allows a judgment debtor to request a court hearing regarding the garnishment. This form enables the debtor to challenge the garnishment or seek clarification on the amounts being withheld. Both forms emphasize the importance of due process and provide a mechanism for the debtor to assert their rights in the garnishment process, ensuring fairness in the enforcement of judgments.

Dos and Don'ts

When filling out the Colorado 26 form, it is important to follow certain guidelines to ensure accuracy and compliance with the requirements. Here are four essential things to keep in mind, including both what to do and what to avoid.

Do ensure all information is accurate: Double-check names, addresses, and amounts to avoid delays or complications in processing.
Do use clear and legible handwriting: If filling out the form by hand, make sure your writing is easy to read to prevent misunderstandings.
Don't leave any required fields blank: Omitting necessary information can lead to the rejection of the form. Fill in every section as required.
Don't submit the form without reviewing it: Take the time to read through the completed form to catch any mistakes before submission.

Misconceptions

Misconception 1: The Colorado 26 form is only for individuals with a high income.

This form applies to all judgment debtors, regardless of income level. It is designed to facilitate the garnishment process for any individual who has a judgment against them. The income threshold does not determine eligibility for the form.

Misconception 2: Completing the Colorado 26 form guarantees that all wages will be garnished.

While the form initiates the garnishment process, it does not guarantee that all wages will be withheld. Certain exemptions apply, and only nonexempt earnings can be garnished. The garnishee must follow specific calculations to determine the amount subject to garnishment.

Misconception 3: The Colorado 26 form can be ignored if the judgment debtor is not aware of it.

Misconception 4: The garnishment process can occur without any notification to the judgment debtor.

Key takeaways

Filling out and using the Colorado 26 form, known as the Writ of Continuing Garnishment, is a significant process for both judgment creditors and garnishees. Understanding the key aspects of this form can help ensure compliance with legal requirements and protect the rights of all parties involved. Below are ten essential takeaways regarding this form:

Purpose of the Form: The Colorado 26 form is used to initiate garnishment proceedings against a judgment debtor's earnings.
Information Required: Accurate information about the judgment creditor, judgment debtor, and the judgment amount must be provided to avoid delays.
Effective Garnishment Period: The form requires the creditor to indicate the effective garnishment period, which can be either 91 days or 182 days, depending on when the judgment was entered.
Interest and Costs: Creditors should include any interest due on the judgment and taxable costs, ensuring that all amounts are clearly stated.
Garnishee's Obligations: The garnishee is required to respond to the writ and provide information about any payments owed to the judgment debtor.
Calculation of Exempt Earnings: The garnishee must calculate and report the amount of exempt earnings, ensuring compliance with state laws regarding garnishment limits.
Notification Requirements: Both the judgment debtor and garnishee must be properly notified about the garnishment, including the delivery of the writ and any necessary calculations.
Legal Rights of Judgment Debtors: Judgment debtors have the right to object to the garnishment and seek a court hearing if they believe their exempt earnings have been improperly calculated.
Employer Protections: Employers cannot terminate an employee solely due to garnishment of wages, providing an important protection for judgment debtors.
Importance of Accuracy: It is crucial for all parties to ensure that the information on the form is accurate and complete to prevent legal complications.

Understanding these key points can help individuals navigate the process of filling out and using the Colorado 26 form effectively, ensuring that their rights and obligations are respected throughout the garnishment process.