This article highlights a few Colorado judgment-related laws, a part of the Colorado Revised Statutes, abbreviated as (C.R.S.) or CRS. My articles are my opinions, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. Laws change over time, so please confirm any laws mentioned in this, or any of my articles.
CRS 13-52-111, Title 13, Courts and Court Procedure judgments and executions, article 52 – Property Subject To Levy: Search on the web for “CRS 13-52-111, Title 13” to see the full text of this law, or any Colorado laws mentioned in this article. This law specifies when writs must be returned to the court; no later than 90 days after being served, unless a Sheriff’s sale has been scheduled. The date of service of the writ, will become a public record. The execution lien upon the personal property of the judgment debtor, attaches upon receipt of the execution by the Sheriff.
CRS 13-54.5-102, Title 13, Courts and Court Procedure judgments and executions, article 54.5 – Garnishment: Search for “Colorado 13-54.5-102” to see the full law. This law specifies the way ongoing judgment debtor wage garnishment liens work. Wage garnishments can be suspended by the judgment creditor. This law also specifies the priority of liens, and specifies that liens last 180 days after the writ expires, which implies, however this law does not state, that one has to renew writs each year. (Federal judgment writs also last 180 days.)
CRS 13-54.5-103, Title 13, Courts and Court Procedure judgments and executions, article 54.5 – Garnishment: Search for “Colorado 13-54.5-103” to see the full law. This law describes how property or earnings are subject to garnishment, and how earnings from tips get handled. Interestingly, this law implies writs last for 90 days, and specifies how exemptions are handled. Money from student loans and annual discretionary disbursements from trusts, are off-limits.
CRS 13-54.5-104, Title 13, Courts and Court Procedure judgments and executions, article 54.5 – Garnishment: Search for “Colorado 13-54.5-104” to see the full law. This law establishes the priorities between multiple garnishments. As with most states and situations, only one wage garnishment is allowed at a time. If a wage garnishment is suspended, when it resumes, the formerly suspended garnishment usually takes priority over most new garnishments that arrive after the first one was suspended.
13-54.5-104 also states that child support garnishments have the highest priority, and can push previous ones out of the way. Another garnishment that pushes aside all previous garnishments except for child support ones, are judgments for fraudulently obtained public assistance. When a previous garnishment prevents a new one from sticking, an estimate of when the new garnishment can be resubmitted, will be sent to the judgment creditor.
CRS 13-54.5-105, Title 13, Courts and Court Procedure judgments and executions, article 54.5 – Garnishment: Search for “Colorado 13-54.5-105” to see the full law. This law specifies how notices to the judgment debtor are sent, in continuing garnishment situations.
CRS 13-54.5-106, Title 13, Courts and Court Procedure judgments and executions, article 54.5 – Garnishment: Search for “Title 13 13-54.5-106” to see the full law. This law specifies how notices are sent to judgment debtors in single (one time) garnishment situations, for example a bank account garnishment. Also specified is how third parties holding any judgment debtor’s asset, needs to comply, and lists a wide range of possible judgment debtor exemptions.
CRS 13-54.5-107, Title 13, Courts and Court Procedure judgments and executions, article 54.5 – Garnishment: Search for “Colorado 13-54.5-107” to see the full law. This law specifies the details for how notices sent to judgment debtors are served.
CRS 13-54.5-108, Title 13, Courts and Court Procedure judgments and executions, article 54.5 – Garnishment: Search for “Colorado 13-54.5-108” to see the full law. This law specifies how judgment debtors can file claims of exemption or written objections, and time limits for all involved parties. When the judgment debtor files a claim of exemption, the court must hold a hearing to determine the validity of a judgment debtor’s claim of exemption prior to allowing a garnishment to proceed.
CRS 13-54-104, Title 13, Courts and Court Procedure judgments and executions, Article 54 – Property And Earnings Exempt: Search for “C.R.S. 13-54-104” to see the full law. This law defines “disposable earnings” and “earnings”. It also specifies terms, limits, and restrictions on garnishments and levies under execution or attachment. Usually, regular creditors are limited to 25% of the judgment debtor’s wages, public assistance fraud judgments at 35%, and child support judgments at 50%.
CRS 13-55-102, Title 13, Courts and Court Procedure judgments and executions, article 54.5 – Method of Claiming Exemption: Search for “Colorado 13-55-102 title 13” to see the full law. This law specifies the details of service of notices of levies, under a writ of execution, on judgment debtors. If notices are not done correctly, garnishments will not work.
CRS 30-1-104, Title 30, Government – County Compensation – Article 1, Fees – General: Search for “Colorado CRS 30-1-104 fees of Sheriff” to see the full law. This law defines the fees the Sheriff charges for serving court papers, and all other court-related services.
If you need to find a judgment collection attorney in Colorado, contact a judgment broker, or visit the Colorado Bar web site at: www.cobar.org.