C.R.S.
Section 13-54.5-105
Notice to judgment debtor in continuing garnishment
(1)
In the case of a continuing garnishment, the writ of garnishment must be served on the garnishee in accordance with rule 4 of the Colorado rules of civil procedure.(2)
The writ of garnishment pursuant to subsection (1) of this section must include:(a)
The name of the judgment debtor;(b)
The last-known physical and mailing addresses of the judgment debtor or a statement that the information is not known;(c)
The amount of the judgment upon which the judgment creditor bases the continuing garnishment;(d)
Information sufficient to identify the judgment on which the continuing garnishment is based;(e)
A completed notice that satisfies subsection (3) of this section and that may be incorporated into and made a part of the writ of garnishment; and(f)
A notice of Colorado rules about garnishment that satisfies subsection (4) of this section and that is incorporated into and made a part of the notice required by subsection (2)(e) of this section.(3)
The notice required by subsection (2)(e) of this section must be in substantially the following form and conspicuously labeled:(4)
The notice required by subsection (2)(f) of this section must:(a)
Have a heading stating that it explains wage garnishment in Colorado; and(b)
Reasonably inform the judgment debtor of:(I)
The limits on wage garnishment pursuant to section 13-54-104;(II)
Exemptions from and limits on garnishment and protections pursuant to the laws of Colorado; and(III)
An estimate, based on the judgment debtor’s most recent paycheck and prepared by the garnishee, of the amount that would likely be withheld from the judgment debtor’s paychecks in the future.(5)
Not later than seven days after being served with a writ of garnishment:(a)
If one of the following grounds applies, the garnishee shall send notice to the judgment creditor stating the applicable ground:(I)
The judgment debtor is not an employee of the garnishee; or(II)
The writ of garnishment does not contain all information required by subsection (2) of this section.(b)
If subsection (5)(a) of this section does not apply, the garnishee shall:(I)
Send to the judgment creditor a notice that includes:(A)
A statement that the named judgment debtor is an employee of the garnishee;(B)
The pay frequency of the judgment debtor and the date of the first payday that is at least twenty-one days after the garnishee was served with the writ of garnishment in accordance with subsection (1) of this section or the first payday after the expiration of any prior effective writ of garnishment that is at least twenty-one days after service of the writ on the garnishee;(C)
If the judgment debtor’s earnings are subject to deductions other than withholding for local, state, and federal income taxes and pursuant to the “Federal Insurance Contributions Act”, 26 U.S.C. sec. 3101 et seq., as amended, the nature, number, and amounts of these deductions and the relative priority of the writ of garnishment; and(II)
Send to the judgment debtor on the same day the notice required by subsection (5)(b)(I) of this section is sent to the judgment creditor a copy of the writ of garnishment and the notices required pursuant to subsections (2)(e) and (2)(f) of this section.(6)
If subsection (5)(b)(I) of this section applies, the garnishee shall begin garnishment on the first payday that occurs at least twenty-one days after the garnishee was served with the writ of garnishment in accordance with subsection (1) of this section or the first payday after the expiration of any prior effective writ of garnishment that is at least twenty-one days after service of the writ on the garnishee.
Source:
Section 13-54.5-105 — Notice to judgment debtor in continuing garnishment, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-13.pdf
(accessed Oct. 20, 2023).