Colorado Wage Garnishment + Exemption Claim Package

Colorado Wage Garnishment + Exemption Claim Package

Colorado Garnishment Reform Highlights (HB 20-1267)

Part 1 — Pre-Garnishment Checklist (Judgment Creditor)

☐ Final money judgment entered and docketed in Colorado district or county court
☐ Judgment not stayed, satisfied, or vacated; statute of limitations on enforcement not expired (20 years per C.R.S. § 13-52-102)
☐ Verified current employer name and address for the judgment debtor (the "garnishee")
☐ Computed unpaid balance: principal + accrued interest + recoverable costs
☐ Prepared Writ of Continuing Garnishment (C.R.C.P. Form 26)
☐ Prepared Calculation of Amount of Exempt Earnings (C.R.C.P. Form 27)
☐ Prepared blank Objection to Calculation of Amount of Exempt Earnings (C.R.C.P. Form 28)
☐ Confirmed garnishment is not for a debt arising under § 13-54-104(3) (support / restitution / public assistance fraud) requiring a different writ
☐ Filing fee tendered to court clerk
☐ Process server / sheriff retained for personal service on garnishee
☐ Calendar 182-day continuing-writ expiration

Part 2 — Pre-Response Checklist (Judgment Debtor)

☐ Read the Exemption Notice carefully — deadlines run from the date you receive it
☐ Identify whether income source is "earnings" (compensation for personal services) — only earnings are subject to the 20% / 40x state minimum wage cap
☐ Identify any wholly-exempt funds (Social Security, SSI, VA benefits, unemployment, workers' compensation, child support received, public assistance)
☐ Determine whether debt is for child support, restitution, or assistance fraud (different rules apply)
☐ Gather pay stubs, deposit slips, and benefit award letters to support Claim of Exemption
☐ Diary the distinct procedures in C.R.S. §§ 13-54.5-108 and -109 and the current Form 28 instructions
☐ Consider filing a Motion to Dissolve or to Reduce Garnishment if 80% rule produces insufficient disposable income

Part 3 — Writ Preparation Worksheet (Use Official C.R.C.P. Form 26)

DISTRICT COURT / COUNTY COURT, _________________ COUNTY, COLORADO
Court Address: [________________________________]

Case Number: [____________________]
Division: [________] Courtroom: [________]

WRIT OF CONTINUING GARNISHMENT

TO THE GARNISHEE NAMED ABOVE:

YOU ARE COMMANDED to answer the following under oath and to withhold the maximum amount allowed under C.R.S. § 13-54-104 from the disposable earnings of the Judgment Debtor for each pay period during which this Writ remains in effect.

1. Judgment was entered against the Judgment Debtor on [__/__/____] in favor of the Judgment Creditor in the amount of $[__________].
2. Unpaid balance as of [__/__/____]: $[__________] (principal: $[______]; interest: $[______]; costs: $[______]).
3. This Writ of Continuing Garnishment is effective for 182 days from the date of service on the Garnishee, unless sooner terminated by court order or full satisfaction.

4. The Garnishee shall withhold from the Defendant's disposable earnings for each pay period the lesser of:
   (a) 20% of the Defendant's disposable earnings for that pay period; or
   (b) The amount by which the Defendant's disposable earnings exceed 40 times the Colorado state minimum hourly wage in effect at the time the earnings are payable (or 40x federal minimum wage if greater).

5. The Garnishee shall use C.R.C.P. Form 27 (Calculation of the Amount of Exempt Earnings) to compute the non-exempt amount for each pay period.

6. No later than seven (7) days after service, the Garnishee must answer as Form 26 directs. If the debtor is an employee and the writ is complete, the Garnishee sends the debtor the writ, calculation, blank Form 28, and required wage-garnishment explanation on the same day it sends its answer to the creditor.
7. For each affected payday, the Garnishee must send the non-exempt earnings to the payee selected on official Form 26 no less than seven (7) and no more than fourteen (14) days after paying the debtor, with the applicable calculation attached.

Dated: [__/__/____]

________________________________
Clerk of Court / Deputy Clerk

Issued at the request of:
[Attorney/Pro Se Plaintiff Name]
[Address, Telephone, E-mail]
[Attorney Reg. No.]

Part 4 — Wage Calculation Worksheet (Based on C.R.C.P. Form 27)

For Pay Period: [__/__/____] through [__/__/____]
Pay Frequency: ☐ Weekly ☐ Bi-weekly ☐ Semi-monthly ☐ Monthly

Prepared by: [________________________________] (Garnishee Representative)
Title: [________________________________]
Date: [__/__/____]

Part 5 — Procedure Summary (Official Form 26 Notice Controls)

TO: [JUDGMENT DEBTOR NAME], [Address]

A Writ of Continuing Garnishment has been served on your employer. By Colorado law (C.R.S. § 13-54-104), only a limited portion of your wages may be withheld. You may have additional protections. Some types of income are completely exempt, including:

• Social Security retirement, SSI, and SSDI benefits
• Veterans' benefits
• Unemployment compensation
• Workers' compensation
• Child support and maintenance received
• Public assistance / TANF / SNAP
• Pensions to the extent provided by law
• Earnings already protected by the 80% / 40x state minimum wage floor

For a disputed wage calculation, C.R.S. § 13-54.5-108(1)(a) provides a seven-day good-faith resolution period with the Garnishee before a written objection, unless the objection seeks the hardship reduction authorized by § 13-54-104(2)(a)(I)(D), which may be filed without first conferring. The fourteen-day claim deadline in § 13-54.5-108(1)(b) applies to claimed exemptions in garnished personal property other than earnings. Under § 13-54.5-109(1)(a), the court sets a hearing no more than fourteen (14) days after an objection or claim is filed.

You have the right to consult an attorney. If you cannot afford one, you may contact Colorado Legal Services at (303) 837-1313.

Part 6 — Form 28 Preparation Worksheet (Transfer to Official Form)

DISTRICT COURT / COUNTY COURT, _________________ COUNTY, COLORADO

Case Number: [____________________]

OBJECTION TO CALCULATION OF EXEMPT EARNINGS AND CLAIM OF EXEMPTION

I, [JUDGMENT DEBTOR NAME], object to the garnishment served on [__/__/____] and claim the following exemption(s):

☐ All or part of the withheld amount is from a wholly exempt source under C.R.S. § 13-54-102. Source: [________________________________]
☐ The Garnishee's Form 27 Calculation is incorrect because [________________________________].
☐ My disposable earnings do not exceed 40 times the Colorado state minimum hourly wage and therefore nothing should be withheld.
☐ Even after the statutory withholding cap, the remaining earnings are insufficient for actual and necessary living expenses, and I request a greater exemption under C.R.S. § 13-54-104(2)(a)(I)(D).
☐ The funds being garnished are: ☐ Social Security ☐ SSI ☐ VA benefits ☐ Unemployment ☐ Workers' Compensation ☐ Child support received ☐ Public assistance ☐ Other: [____________________]
☐ Other grounds: [________________________________]

Total amount claimed exempt: $[__________]

I REQUEST a hearing under C.R.S. §§ 13-54.5-108 and 13-54.5-109.

Dated: [__/__/____]

________________________________
[Judgment Debtor Signature]
[Printed Name]
[Mailing Address]
[Telephone] [E-mail]

VERIFICATION
I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.

________________________________
[Judgment Debtor]

Part 7 — Answer Preparation Worksheet (Official Form 26 Controls)

The Garnishee, [________________________________], by its authorized representative, states under oath:

1. The Defendant ☐ is ☐ is not employed by the Garnishee.
2. Defendant's pay frequency: ☐ Weekly ☐ Bi-weekly ☐ Semi-monthly ☐ Monthly
3. Defendant's next regular payday: [__/__/____]
4. Defendant's gross earnings for last pay period: $[__________]
5. Defendant's disposable earnings for last pay period: $[__________]
6. Amount withheld pursuant to this Writ for last pay period: $[__________]
7. Other garnishments / income assignments in effect against Defendant (specify): [________________________________]
8. The Garnishee delivered the Writ, Form 27 calculation, blank Form 28, and required wage-garnishment explanation to Defendant on [__/__/____].

VERIFICATION

________________________________
[Authorized Representative]
[Title]
Subscribed and sworn before me this [____] day of [______________], [______].

________________________________
Notary Public

Part 8 — Motion to Dissolve / Reduce Garnishment

[Caption as above]

MOTION TO DISSOLVE WRIT OF CONTINUING GARNISHMENT, OR IN THE ALTERNATIVE, TO REDUCE AMOUNT WITHHELD

The Judgment Debtor, by [pro se / counsel], moves the Court to dissolve the Writ of Continuing Garnishment served on [__/__/____], or alternatively to reduce the amount withheld, and states:

1. The garnishment should be dissolved because:
   ☐ The underlying judgment has been satisfied in full.
   ☐ The underlying judgment has been vacated, stayed, or is on appeal with supersedeas bond.
   ☐ All funds withheld are from a wholly exempt source under C.R.S. § 13-54-102.
   ☐ The Writ was not properly issued or served.
   ☐ The 182-day continuing period has expired.
   ☐ Other: [________________________________].

2. Alternatively, the amount withheld should be reduced under C.R.S. § 13-54-104(2)(a)(I)(D) because, after the standard statutory withholding, the remaining earnings and other family income are insufficient for actual and necessary living expenses.

3. Supporting facts: [________________________________].

WHEREFORE, the Judgment Debtor requests the Court enter an order ☐ dissolving the Writ; ☐ reducing the percentage or amount withheld; ☐ setting a hearing under C.R.S. § 13-54.5-108; and ☐ granting such other relief as is just.

Dated: [__/__/____]

________________________________
[Movant / Attorney Signature]

Part 9 — Notice of Hearing

[Caption as above]

NOTICE OF HEARING ON OBJECTION / CLAIM OF EXEMPTION / MOTION TO DISSOLVE

TO: All parties and the Garnishee:

PLEASE TAKE NOTICE that a hearing on the [Objection and Claim of Exemption / Motion to Dissolve] filed by [________________________________] on [__/__/____] will be held:

Date: [__/__/____]
Time: [____:____] ☐ a.m. ☐ p.m.
Location: [________________________________], Courtroom [________]
Judge / Magistrate: [________________________________]

Pursuant to C.R.S. § 13-54.5-109(1)(a), this hearing is set no more than fourteen (14) days after the filing of the objection or claim.

Dated: [__/__/____]

________________________________
Clerk of Court / Movant

Part 10 — Certificate of Service

I certify that on [__/__/____] I served a true and correct copy of the foregoing on the following parties by the method indicated:

________________________________
[Signature]
[Printed Name]

Sources and References

• Colorado Revised Statutes § 13-54-104 (Restrictions on garnishment of earnings)
• Colorado Revised Statutes § 13-54-102 (Property exempt — personal property)
• Colorado Revised Statutes § 13-54.5-101 et seq. (Garnishment procedure)
• Colorado HB 20-1267 (Garnishment Reform Act, eff. Oct. 1, 2020)
• Colorado Judicial Branch Form 26 — Writ of Continuing Garnishment
• Colorado Judicial Branch Form 27 — Calculation of the Amount of Exempt Earnings
• Colorado Judicial Branch Form 28 — Objection to Calculation / Request for Reduction
• 15 U.S.C. § 1673 (Federal CCPA wage garnishment cap)
• Colorado Rules of Civil Procedure 103 (Garnishment)

Disclaimer: This template provides general information about Colorado garnishment procedure and is not a substitute for legal advice. Colorado garnishment law was substantially revised by HB 20-1267 and continues to be subject to minimum-wage adjustments and judicial interpretation. Always verify current statutory text and consult a Colorado-licensed attorney before filing.