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The Colorado 26 form, known as the Writ of Continuing Garnishment, plays a critical role in the enforcement of court judgments within the state. This legal document allows a judgment creditor to collect debts by garnishing the wages or earnings of a judgment debtor. It requires the identification of both the creditor and the debtor, as well as the judgment details, including the original amount, interest, and any costs associated with the judgment. The form outlines the effective garnishment period, which can vary based on the date the judgment was entered, and it mandates that the garnishee—typically the debtor's employer—respond to specific inquiries about the debtor's earnings. The garnishee is also instructed to withhold a portion of the debtor's nonexempt earnings and remit these funds to the creditor. Additionally, the form contains important notices for both the garnishee and the judgment debtor, informing them of their rights and obligations under the law. Given its complexity and the potential consequences of non-compliance, understanding the Colorado 26 form is essential for all parties involved in the garnishment process.

Key takeaways

Here are some key takeaways about filling out and using the Colorado 26 form:

  • The form is used to initiate a Writ of Continuing Garnishment, which allows a creditor to collect a debt directly from a debtor's earnings.
  • Accurate information is crucial. Ensure that all details, such as the judgment amount and debtor's information, are correct to avoid delays.
  • Garnishees must respond within a specific timeframe, typically between 7 to 14 days, after receiving the writ. Failure to do so may result in a default judgment.
  • Judgment debtors have rights. They can object to the calculations of exempt earnings and seek legal advice if they believe their wages are wrongfully garnished.

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Dos and Don'ts

When filling out the Colorado 26 form, follow these guidelines to ensure accuracy and compliance.

  • Do provide complete and accurate information for all required fields.
  • Do double-check the judgment debtor's name and address for correctness.
  • Do indicate the correct effective garnishment period by marking the appropriate box.
  • Do calculate and include any interest due on the judgment accurately.
  • Do ensure that you sign and date the form where required.
  • Don't leave any fields blank; all required information must be filled out.
  • Don't use outdated or incorrect versions of the form; always use the latest version available.
  • Don't forget to keep a copy of the completed form for your records.
  • Don't attempt to alter any pre-printed information on the form.

File Specs

Fact Name Fact Description
Purpose of the Form The Colorado 26 form, known as the Writ of Continuing Garnishment, is used to collect a debt by garnishing a debtor's wages or bank accounts. It allows a creditor to obtain funds directly from the debtor's earnings.
Governing Laws This form is governed by the Colorado Revised Statutes, specifically under Title 13, Article 54, which pertains to garnishment procedures.
Effective Garnishment Period The form includes options for different garnishment periods: 91 days for judgments entered before August 8, 2001, and 182 days for those entered on or after that date.
Judgment Creditor's Responsibilities The judgment creditor must affirm that they are authorized to act on behalf of the creditor and ensure that the information provided is accurate as of the date indicated on the form.