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TCL > August 1997 Issue > Notice of Hearing on Proposed C.R.C.P. Garnishment Rules 103 and 403 and Forms 26-28

The Colorado Lawyer
August 1997
Vol. 26, No. 8 [Page  115]

© 1997 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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From the Courts
Court Business

Notice of Hearing on Proposed C.R.C.P. Garnishment Rules 103 and 403 and Forms 26-28

Proposed Amendments
Hearing to be Held
Monday, September 29, 1997, 1:30 p.m.

Notice

The Supreme Court will conduct a hearing on proposed amendments to Garnishment Rules 103 and 403 of the Colorado Rules of Civil Procedure, and C.R.C.P. Garnishment Forms 26, 27, and 28, on Monday, September 29, 1997, at 1:30 p.m., in the Colorado Supreme Court Courtroom, 2 E. 14th Ave., Denver, Colorado. [Forms 26, 27, and 28, which are not printed herein, are available for review at the Office of the Clerk of the Supreme Court.] An original and eight copies of the written comments to the court concerning the proposals should be submitted to Mac V. Danford, Clerk of the Supreme Court, no later than Monday, September 8, 1997. Persons wishing to participate in the hearing should so notify Mr. Danford no later than September 8, 1997.


Colorado Rules of Civil Procedure
Chapter 13. Seizure of Person or Property
Proposed Amendments

C.R.C.P. 103. Garnishment

This Rule sets forth the exclusive process for garnishment. There shall be five (5) types of writs: (1) Writ of Continuing Garnishment, (2) Writ of Garnishment with Notice of Exemption and Pending Levy, (3) Writ of Garnishment for Support, (4) Writ of Garnishment--Judgment Debtor Other Than Natural Person, and (5) Writ of Garnishment in Aid of Writ of Attachment.

Section 1. Writ of Continuing Garnishment
(On Earnings of a Natural Person)

(a) through (j) [No change]

(k) Answer and Tender of Payment by Garnishee.

(1) [No change]

(2) The garnishee shall pay any nonexempt earnings and deliver a calculation of the amount of exempt earnings to the clerk of the court which issued such writ PERSON, BUSINESS OR COURT LISTED UNDER SECTION 'e' OF THE WRIT OF CONTINUING GARNISHMENT no less than five (5) nor more than ten (10) days following the time the judgment debtor receives earnings affected by such writ.

(3) [No change]

(l) Disbursement of Garnished Earnings.

(1) If no objection is filed by the judgment debtor within five (5) days, THE GARNISHEE SHALL MAIL THE NONEXEMPT EARNINGS TO THE PERSON, BUSINESS OR COURT LISTED UNDER SECTION 'e' OF THE WRIT OF CONTINUING GARNISHMENT. THE JUDGMENT CREDITOR SHALL KEEP A WRITTEN RECORD OF THE DATE OF THE CHECK, THE AMOUNT OF THE CHECK AND THE REMAINING BALANCE DUE. THE JUDGMENT CREDITOR SHALL REFUND TO THE JUDGMENT DEBTOR ANY DISBURSEMENT IN EXCESS OF THE AMOUNT NECESSARY TO SATISFY THE JUDGMENT. of the receipt of nonexempt earnings by the clerk of the court, the clerk shall disburse said funds to the judgment creditor without further application or order and enter the disbursement in the court records. The judgment creditor shall refund to the clerk of the court any disbursement in excess of the amount necessary to satisfy the judgment.

(2) If a written objection to the calculation of exempt earnings is filed with the EMPLOYER, THE GARNISHED EXEMPT EARNINGS SHALL BE SENT TO THE CLERK OF THE COURT AND PLACED IN THE REGISTRY OF THE COURT PENDING FURTHER ORDER OF THE COURT. clerk of the court, the garnished nonexempt earnings shall be placed in the registry of the court pending further order of the court.

Section 2. Writ of Garnishment
(On Personal Property Other than Earnings of a Natural Person)
With Notice of Exemption and Pending Levy

(a) through (i) [No change]

Section 3. Writ of Garnishment for Support

(a) through (h) [No change]

Section 4. Writ of Garnishment--Judgment Debtor
Other than Natural Person

(a) through (g) [No change]

Section 5. Writ of Garnishment
In Aid of Writ of Attachment

(a) through (g) [No change]

Section 6. Judgment Debtor's Objection--
Written Claim of Exemption--Hearing

(a) Judgment Debtor's Objection to Calculation of Exempt Earnings Under Writ of Continuing Garnishment.

(1) through (3) [No change]

(4) The judgment debtor shall, by certified mail, return receipt requested, immediately deliver a copy of such objection to the garnishee and the judgment creditor's attorney of record, or if none, to the judgment creditor. IF THE GARNISHEE HAS BEEN DIRECTED TO TRANSMIT NONEXEMPT EARNINGS TO A PARTY OTHER THAN THE COURT IN SECTION 'e' OF THE WRIT OF CONTINUING GARNISHMENT, THEN THE OBJECTION WILL DIRECT THE GARNISHEE TO TRANSMIT THE NONEXEMPT EARNINGS TO THE CLERK OF COURT.

(5) [No change]

(b) through (e) [No change]

Section 7. Failure of Garnishee to Answer
(All Forms of Garnishment)

(a) and (b) [No change]

Section 8. Traverse of Answer
(All Forms of Garnishment)

(a) and (b) [No change]


Chapter 25.
Colorado Rules of County Court Civil Procedure
Proposed Amendments

C.R.C.P. 403. Garnishment

This Rule sets forth the exclusive process for garnishment. There shall be five (5) types of writs: (1) Writ of Continuing Garnishment, (2) Writ of Garnishment with Notice of Exemption and Pending Levy, (3) Writ of Garnishment for Support, (4) Writ of Garnishment--Judgment Debtor Other Than Natural Person, and (5) Writ of Garnishment in Aid of Writ of Attachment.

Section 1. Writ of Continuing Garnishment
(On Earnings of a Natural Person)

(a) through (j) [No change]

(k) Answer and Tender of Payment by Garnishee.

(1) [No change]

(2) The garnishee shall pay any nonexempt earnings and deliver a calculation of the amount of exempt earnings to the clerk of the court which issued such writ PERSON, BUSINESS OR COURT LISTED UNDER SECTION 'e' OF THE WRIT OF CONTINUING GARNISHMENT no less than five (5) nor more than ten (10) days following the time the judgment debtor receives earnings affected by such writ.

(3) [No change]

(l) Disbursement of Garnished Earnings.

(1) If no objection is filed by the judgment debtor within five (5) days, THE GARNISHEE SHALL MAIL THE NONEXEMPT EARNINGS TO THE PERSON, BUSINESS OR COURT LISTED UNDER SECTION 'e' OF THE WRIT OF CONTINUING GARNISHMENT. THE JUDGMENT CREDITOR SHALL KEEP A WRITTEN RECORD OF THE DATE OF THE CHECK, THE AMOUNT OF THE CHECK, AND THE REMAINING BALANCE DUE. THE JUDGMENT CREDITOR SHALL REFUND TO THE JUDGMENT DEBTOR ANY DISBURSEMENT IN EXCESS OF THE AMOUNT NECESSARY TO SATISFY THE JUDGMENT. of the receipt of nonexempt earnings by the clerk of the court, the clerk shall disburse said funds to the judgment creditor without further application or order and enter the disbursement in the court records. The judgment creditor shall refund to the clerk of the court any disbursement in excess of the amount necessary to satisfy the judgment.

(2) If a written objection to the calculation of exempt earnings is filed with the EMPLOYER, THE GARNISHED NONEXEMPT EARNINGS SHALL BE SENT TO THE CLERK OF THE COURT AND PLACED IN THE REGISTRY OF THE COURT PENDING FURTHER ORDER OF THE COURT. clerk of the court, the garnished nonexempt earnings shall be placed in the registry of the court pending further order of the court.

Section 2. Writ of Garnishment
(On Personal Property Other than Earnings Of a Natural Person)
With Notice of Exemption and Pending Levy

(a) through (i) [No change]

Section 3. Writ of Garnishment for Support

(a) through (h) [No change]

Section 4. Writ of Garnishment--Judgment Debtor
Other than Natural Person

(a) through (g) [No change]

Section 5. Writ of Garnishment
In Aid of Writ of Attachment

(a) through (g) [No change]

Section 6. Judgment Debtor's Objection--
Written Claim Of Exemption--Hearing

(a) Judgment Debtor's Objection to Calculation of Exempt Earnings Under Writ of Continuing Garnishment.

(1) through (3) [No change]

(4) The judgment debtor shall, by certified mail, return receipt requested, immediately deliver a copy of such objection to the garnishee and the judgment creditor's attorney of record, or if none, to the judgment creditor. IF THE GARNISHEE HAS BEEN DIRECTED TO TRANSMIT THE NONEXEMPT EARNINGS TO A PARTY OTHER THAN THE COURT IN SECTION 'e' OF THE WRIT OF CONTINUING GARNISHMENT, THEN THE OBJECTION WILL DIRECT THE GARNISHEE TO TRANSMIT THE NONEXEMPT EARNINGS TO THE CLERK OF COURT.

(5) [No change]

(b) through (e) [No change]

Section 7. Failure of Garnishee to Answer
(All Forms of Garnishment)

(a) and (b) [No change]

Section 8. Traverse of Answer
(All Forms of Garnishment)

(a) and (b) [No change]

© 1997 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=1997.


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