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Common mistakes

  1. Incomplete Information: One common mistake is failing to provide complete and accurate information in the required fields. For instance, the Judgment Debtor’s name and last known address must be filled out completely. Missing details can delay the process.

  2. Incorrect Dates: Another frequent error involves entering incorrect dates. It is crucial to accurately note the date the judgment was entered and the date the suit was commenced. Errors here can lead to confusion and potential legal issues.

  3. Wrong Amounts: Individuals often miscalculate the amounts due. This includes the original judgment amount, interest, and taxable costs. Double-checking these figures is essential to ensure they reflect the correct totals.

  4. Missing Signatures: Failing to sign the form or having the wrong person sign can invalidate the document. The form must be signed by someone authorized to act for the Judgment Creditor, and this signature must be dated.

  5. Improper Delivery: Lastly, not following the correct procedures for delivering the writ can lead to complications. It's important to ensure that two copies are served and that proper return of service is made to the court. Missing this step can result in delays or dismissals.

Documents used along the form

The Colorado 26 form, known as the Writ of Continuing Garnishment, is an important document used in the garnishment process. It allows a judgment creditor to collect money owed by a debtor through garnishment of the debtor's wages or other earnings. In addition to the Colorado 26 form, several other documents are commonly utilized in conjunction with this process. Below is a list of these forms, along with brief descriptions of each.

  • Objection to Calculation of the Amount of Exempt Earnings: This form is used by the judgment debtor to contest the garnishee's calculations regarding the exempt earnings. It allows the debtor to provide their own figures and reasoning for why they believe the garnishee's calculations are incorrect.
  • Return of Service: This document serves as proof that the Writ of Continuing Garnishment has been properly served to the garnishee. It includes details about the service, such as the date, time, and method of service, ensuring that all legal requirements have been met.
  • Calculation of the Amount of Exempt Earnings: This form is completed by the garnishee to determine how much of the judgment debtor's earnings can be withheld. It includes calculations based on gross earnings, deductions, and statutory exemptions, providing a clear breakdown of the amounts involved.
  • Horse Bill of Sale: This legal document is essential for transferring ownership of a horse, outlining key details like the horse's description and sale price. For additional resources, consider visiting California Templates.
  • Notice to Judgment Debtor: This notice informs the judgment debtor of their rights and responsibilities under the garnishment process. It outlines what the debtor can expect, including how to respond if they disagree with the garnishment.
  • Garnishee's Answer: This form is filled out by the garnishee to respond to the Writ of Continuing Garnishment. It includes information about the debtor's earnings and whether the garnishee is currently withholding any funds, ensuring that the court has the necessary information to proceed.

Understanding these additional forms is crucial for anyone involved in the garnishment process, whether as a creditor, debtor, or garnishee. Each document plays a specific role in ensuring that the process is conducted fairly and in accordance with the law.

Understanding Colorado 26

What is the Colorado 26 form?

The Colorado 26 form, also known as the Writ of Continuing Garnishment, is a legal document used in the state of Colorado. It allows a creditor to collect money owed by a debtor directly from the debtor's employer or bank. This form is typically used when a judgment has been entered against the debtor, and the creditor seeks to recover the amount owed through garnishment of the debtor's wages or bank accounts.

Who can use the Colorado 26 form?

The Colorado 26 form can be used by judgment creditors who have obtained a court judgment against a debtor. This includes individuals, businesses, and organizations that have been awarded a monetary judgment in a court of law. The creditor must have the legal right to collect the debt and must follow the proper procedures outlined in the form.

How long does the garnishment last?

The duration of the garnishment depends on the type of judgment and the effective garnishment period selected on the form. Generally, the garnishment can last for either 91 days or 182 days, depending on when the judgment was entered. If the creditor has not received the full amount owed by the end of the garnishment period, they may need to file a new writ to continue the garnishment process.

What should a garnishee do upon receiving the Colorado 26 form?

Upon receiving the Colorado 26 form, the garnishee (the person or entity that owes money to the debtor) must take several actions:

  • Serve two copies of the writ to the appropriate parties.
  • Answer the questions on the form under oath and return the answers to the creditor or the court.
  • Withhold any nonexempt earnings owed to the debtor during the effective garnishment period.

Failure to comply with these requirements may result in legal consequences for the garnishee.

Can a debtor contest the garnishment?

Yes, a debtor has the right to contest the garnishment. If the debtor believes that the garnished earnings are exempt or that the calculation of exempt earnings is incorrect, they can file an objection. This must be done within a specific timeframe after being paid. The debtor should use the attached objection form or a similar document to present their case to the court.

What happens if the garnishee does not respond to the writ?

If the garnishee fails to respond to the writ, the court may enter a default judgment against them. This means the garnishee could be held responsible for the amount that should have been withheld. It's crucial for the garnishee to take the writ seriously and respond within the required timeframe to avoid any legal repercussions.

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Misconceptions

  • Misconception 1: The Colorado 26 form is only for individuals in severe financial distress.

    • This form can be used by any judgment creditor seeking to collect owed amounts, not just those in dire situations.

  • Misconception 2: Once the Writ of Continuing Garnishment is served, the garnishee must withhold all earnings.

    • The garnishee is only required to withhold nonexempt earnings, which means some earnings may be protected from garnishment.

  • Misconception 3: All earnings are subject to garnishment without exception.

    • There are specific exemptions that protect certain types of income, such as pension benefits and disability payments.

  • Misconception 4: The judgment debtor has no rights once the garnishment begins.

    • The judgment debtor has the right to object to the garnishment and can request a court hearing if they disagree with the amounts withheld.

  • Misconception 5: The garnishee can ignore the Writ of Continuing Garnishment.

    • Failure to respond to the writ can result in legal consequences for the garnishee, including default judgments.

  • Misconception 6: The Colorado 26 form is a one-time requirement.

    • Garnishees must respond to the writ each time they pay the judgment debtor during the effective garnishment period.

  • Misconception 7: Employers can terminate employees for having their wages garnished.

    • It is illegal for employers to fire employees due to wage garnishment. Employees have legal protections against such actions.