Fill Out Your Colorado 26 Form

Instructions on How to Fill Out Colorado 26

Filling out the Colorado 26 form, known officially as the Writ of Continuing Garnishment, is a legal process that requires attention to detail. This document is used by creditors to request the garnishment of a debtor's wages until a debt is paid off. The form consists of several sections that must be completed accurately to ensure compliance with Colorado law. Following these steps will help in filling out the form correctly.

1. Start by entering the full names and addresses of both the plaintiff(s)/petitioner(s) and the defendant(s)/respondent(s) involved in the garnishment case.
2. In the "Judgment Creditor’s Attorney or Judgment Creditor" section, fill in the name, address, phone number, email, FAX number, and attorney registration number if applicable.
3. Under "COURT USE ONLY," leave the case number, division, and courtroom fields blank, as these will be completed by the court.
4. Include the judgment debtor’s name, last known address, and any other identifying information in the designated section.
5. Specify the original or revived amount of the judgment entered, along with the date the suit was commenced.
6. Select the effective garnishment period by marking the appropriate box that applies to the judgment.
7. Fill in the interest due on the judgment, any taxable costs including the estimated cost of service of this writ, and any amount already paid by the debtor.
8. Calculate and enter the principal balance/total amount due and owing.
9. Affirm the accuracy of the statement by entering the date and having the form subscribed under oath before a notary public or deputy clerk, then print the judgment creditor’s name and address.
10. Sign the form where indicated and provide the type name, title, address, and phone number of the individual filling out the form.
11. For service instructions and garnishee’s obligations, carefully review the directives provided in the writ and ensure compliance when serving the writ.
12. Complete the “RETURN OF SERVICE” section after the writ has been successfully served to the garnishee, indicating the date, time, and manner of service, and provide the signature of the process server.

Upon completion of these steps, the form should be submitted to the appropriate Colorado court for processing. This marks the beginning of the garnishment process, whereby the court will review the submitted information and, if everything is in order, issue a garnishment against the debtor's wages as specified. It is essential to ensure the form is filled out accurately and submitted in a timely manner to avoid any delays in the garnishment process. Keep copies of all submitted documents for your records and monitor the progress of your case with the court.

What is a Writ of Continuing Garnishment (Form 26) in Colorado?

A Writ of Continuing Garnishment is a legal document issued by the Colorado Court directing a garnishee (usually the debtor’s employer) to withhold a portion of the judgment debtor’s earnings to satisfy a judgment. This writ is applicable for a specified period, either 91 or 182 days, depending on when the judgment was entered.

How does the garnishment process begin?

The process begins when the judgment creditor or their attorney files the Writ of Continuing Garnishment with the court. Once the writ is issued, it is served on the garnishee, compelling them to withhold earnings from the judgment debtor’s wages as specified.

What earnings are subject to garnishment?

Earnings that can be garnished include wages, salaries, commissions, bonuses, and other compensation for personal services. Certain types of earnings, like pension or retirement benefits (for suits commenced prior to May 1, 1991), are included under specific conditions.

Who is considered a garnishee?

A garnishee is an entity or person who owes money or holds earnings of the judgment debtor. In most cases, this is the employer of the judgment debtor.

What are the garnishment limits?

The amount of earnings that can be garnished is subject to limits defined by state and federal laws. Typically, the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed thirty times the federal minimum hourly wage is subject to garnishment. However, specific exemption amounts are listed in the Writ of Continuing Garnishment.

What steps must the garnishee take after receiving the writ?

Upon receiving the writ, the garnishee is required to withhold the specified amount from the judgment debtor’s earnings and make payments to the designated party. Additionally, the garnishee must deliver a copy of the writ and calculation of the amount of exempt earnings to the judgment debtor along with the withheld earnings.

What are the consequences for a garnishee’s failure to respond or comply?

If a garnishee fails to answer the writ or comply with its directives, a default judgment may be entered against them, potentially requiring them to pay the full amount of the judgment debtor’s obligation.

What can a judgment debtor do if they disagree with the garnishment?

If the judgment debtor disagrees with the garnishment amount, they first must discuss the issue with the garnishee. If unresolved, they have the option to file an Objection to Calculation of the Amount of Exempt Earnings with the court, using the form provided with the writ.

Are there protections for judgment debtors regarding employment?

Yes, Colorado law prohibits employers from discharging an employee solely because their earnings are subject to garnishment for any one indebtedness.

What happens after the garnishment period ends?

After the designated garnishment period ends, the garnishee is no longer obligated to withhold the judgment debtor’s earnings unless served with another writ of garnishment.

1. Failing to check the correct box under "Effective Garnishment Period" on the form is a common mistake. It's important to note the difference between judgments entered before or after certain dates, as this affects the duration of the garnishment.

2. Entering incorrect interest rates or not updating the interest due on the judgment can significantly impact the overall amount reported due.

3. Miscalculating the "Taxable Costs" can result in either an overestimation or underestimation of the total amount owed, which includes estimated costs of service of this writ.

4. Not deducting payments already made from the total amount due is another error. This oversight could lead to over-garnishment.

5. Not accurately affirming and signing under oath before a notary public or deputy clerk can invalidate the document, thus delaying the garnishment process.

6. Garnishees sometimes fail to deliver copies of the writ along with the Calculation of the Amount of Exempt Earnings to the Judgment Debtor. This step is crucial for transparency and compliance.

7. The failure of Garnishees to correctly calculate the amount of exempt earnings and to withhold the proper amount can result in legal penalties.

8. Omitting or incorrectly filling out the garnishee's response section, including not marking the appropriate boxes about existing garnishments, can cause procedural complications.

9. Not properly serving two copies of the Writ to the garnishee or not making a proper return of service to the court can cause delays or the dismissal of the garnishment action.

10. Ignoring or misunderstanding the instructions for objection to the calculation of the amount of exempt earnings leads to disputes and potential legal challenges from the Judgment Debtor.

While filling out the Colorado 26 form, it's crucial to pay attention to detail and thoroughly review all entries and calculations. Mistakes can lead to procedural delays, legal penalties, or the incorrect garnishment of wages. It is advisable to consult with a legal advisor or attorney to ensure accuracy and compliance with the law.

When handling matters related to the Colorado 26 Form, specifically a Writ of Continuing Garnishment, parties involved may need to familiarize themselves with additional documentation. These documents serve various purposes, from initiating court proceedings to objecting to judgments. Below is an overview of other forms and documents frequently used alongside the Colorado 26 Form, their functions, and importance in the legal process.

• Objection to Calculation of the Amount of Exempt Earnings (Form 28): This form allows judgment debtors to contest the garnishment amount calculated by the garnishee. It's crucial for ensuring that the garnishment amount accurately reflects permissible exemptions and deductions under the law.
• Notice of Levy: Through this document, creditors inform debtors and third parties, like banks, that a levy has been placed on the debtor's property or accounts to satisfy the judgment. It's essential for securing assets owed according to the judgment.
• Claim of Exemption to Writ of Garnishment: This provides a structured way for debtors to claim certain exemptions from garnishment under state or federal law. It's a protective measure for debtors to retain necessary living expenses and legally exempt assets.
• Garnishee Disclosure: Garnishees (e.g., employers or banks) use this form to disclose any property or wages of the debtor they control. It ensures transparency and compliance with the garnishment process.
• Notice to Judgment Debtor: This notice informs the debtor about the garnishment, including their rights and obligations. It includes information on how to object to the garnishment or claim exemptions, which is crucial for the debtor's legal protection.
• Service of Process Documentation: This encompasses all records proving that the involved parties received the necessary legal documents related to the garnishment action. Efficient service of process is fundamental to uphold the parties' right to due process.

Understanding these documents is essential for both creditors and debtors involved in garnishment proceedings. Each plays a pivotal role in ensuring the process is conducted fairly, legally, and without unnecessary delay. Knowledge of how and when to use these forms can significantly impact the outcome of garnishment actions and protect the legal rights of all parties involved.

The Colorado 26 form, a legal document utilized in the context of United States Bankruptcy Court procedures, specifically within the District of Colorado, bears similarities with several other legal documents concerning garnishment and debtor proceedings. Particularly, it shares characteristics with general garnishment forms used in other jurisdictional contexts, as well as forms specific to objection proceedings related to garnishment calculations.

Firstly, the form is akin to other states' garnishment forms, typically found within the civil procedural framework used to enforce monetary judgments. Similar to the Colorado 26 form, these documents typically require detailed information about the judgment debtor, including their name, last known address, and other identifying details. Furthermore, they outline the original judgment amount, accrued interest, taxable costs, and any payments made towards the debt. The primary purpose of both the Colorado 26 form and its counterparts in other states is to provide a structured method by which a judgment creditor can request the garnishment of wages or other income, to satisfy an outstanding debt. The similarity in content and purpose facilitates a broader understanding among legal professionals and courts across different jurisdictions, despite potential variations in specific procedural requirements.

Secondly, the form parallels the Objection to Calculation of the Amount of Exempt Earnings form, which is typically used when a judgment debtor disputes the amount of wages being garnished under the premise that the calculations of exempt earnings were inappropriately conducted. Like the Colorado 26 form, this objection form requires detailed information regarding the garnishment calculation in question, including gross earnings, deductions required by law, disposable earnings, and the statutory exemption being applied. The necessity for such detailed information in both forms underscores the intricate nature of garnishment procedures and the rights of individuals subject to such proceedings to ensure fairness and accuracy in the administration of justice. Each form serves as a critical component in the broader garnishment process, facilitating a structured method for both initiating garnishment actions and contesting specific aspects of those actions when disputes arise.

When completing the Colorado 26 form, which pertains to a Writ of Continuing Garnishment, specific steps and precautions ensure the process is handled correctly and efficiently. Below are essential dos and don'ts to guide you through the process:

Do:

1. Ensure that all the information provided, especially personal and financial details, is accurate and up-to-date to avoid processing delays or legal complications.
2. Check the correct box under the “Effective Garnishment Period” based on the date the judgment was entered to ensure the garnishment is processed for the correct duration.
3. Include all interests due on the judgment and any taxable costs, including estimated costs of service of this Writ, to provide a clear view of the total amount owed.
4. Subtract any amount already paid from the principal balance to present the actual total amount due and owing.
5. Sign and date the form where required by the judgment creditor, and ensure it's notarized to validate the authenticity of the document.

Don't:

1. Leave any fields blank—complete every section of the form to avoid it being returned for corrections.
2. Forget to check and attach all necessary documentation, such as the Calculation of the Amount of Exempt Earnings, which is crucial for the garnishee to understand their obligations.
3. Overlook the requirement to mail or deliver two copies of the Writ of Continuing Garnishment to the garnishee as mandated, to ensure proper service.
4. Miscalculate the amount subject to garnishment—use the exemption charts provided in the form carefully to determine the correct net amount that can be garnished.
5. Ignore legal advice if full or partial exemptions might apply to the earnings being garnished. Proper legal guidance can help identify any total or partial exemption that could prevent garnishment.

When discussing the Colorado 26 form, there are a multitude of misconceptions that can lead to confusion. Below, some common misunderstandings are clarified to provide accurate information about this legal document:

• It's solely for wage garnishment: While the form primarily deals with wage garnishment, it encompasses other forms of personal service compensation like bonuses and commissions that can also be garnished.
• Only for outstanding debts: This form is not exclusively used to collect outstanding debts. It can be utilized in various judgments that involve the garnishment of earnings.
• Any employer can withhold the full judgment amount immediately: Employers must follow specific instructions for calculating exempt earnings, ensuring that only the permissible portion of an employee's earnings is garnished.
• Garnishments are processed instantly: The process requires the garnishee to answer the writ within a defined timeframe and conduct calculations for each pay period, making it a methodical procedure.
• All earnings are subject to garnishment: Certain types of earnings, including but not limited to pension and retirement benefits, may be totally exempt from garnishment, depending on specific conditions.
• A one-size-fits-all approach in garnishment: The form includes a calculation method to determine the exact amount to be garnished from an individual's disposable earnings, reflecting a tailored approach rather than a uniform one.
• Garnishment can continue indefinitely: The writ specifies an effective garnishment period, after which the garnishment action needs to be reviewed or renewed depending on the judgment's status and the laws governing such actions.
• Employers are at liberty to disclose garnishment to the employee: The law requires that employers provide the employee with a copy of the calculation of exempt earnings, ensuring transparency in the garnishment process.
• Filing an objection is a complicated process: The form itself provides a structured manner for the judgment debtor to object to the calculation of exempt earnings, aiming at a straightforward dispute resolution process.
• The form is only applicable within Denver, Colorado: While the form references the U.S. Custom House in Denver, Colorado, the guidelines and processes outlined are applicable in various jurisdictions within the state of Colorado, wherever the legal system supports the execution of such garnishments.

Understanding these points clarifies the purpose and application of the Colorado 26 form, easing the concerns of those who might be facing garnishment or involved in the process in another capacity.

Understanding the Colorado 26 form, which pertains to the Writ of Continuing Garnishment, is crucial for both judgment creditors and judgment debtors alike. Here are key takeaways that should be considered:

• The form is used after a judgment has been made, allowing the judgment creditor to collect the debt from the judgment debtor's earnings directly through their employer (garnishee).
• The effective garnishment period varies, being either 91 days if the judgment was entered prior to August 8, 2001, or 182 days if the judgment was entered on or after that date.
• Garnishees are required to withhold nonexempt earnings from the judgment debtor's paycheck and send these to the creditor, following specific guidelines on amounts that can be legally withheld.
• The calculation of the amount of exempt earnings form helps ensure that the garnishee does not withhold more than what is allowed by law, protecting the judgment debtor's right to a portion of their earnings for basic needs.
• Judgment debtors are protected against dismissal from their job due to the garnishment. If unlawfully terminated, they can sue for lost wages and reinstatement within 91 days of the discharge.
• Both judgment creditors and judgment debtors must accurately fill out and respond to documentation to ensure the garnishment process is conducted legally and efficiently.
• In case of disputes over the amount garnished, judgment debtors have the right to object to the calculation. They must first attempt to resolve the issue with the garnishee directly before filing an objection with the court.

These takeaways highlight the importance of correctly managing the garnishment process, for both creditors seeking to collect what is owed to them and for debtors ensuring their rights are protected throughout this period.