Writ of Continuing Garnishment

WRIT OF CONTINUING GARNISHMENT

“Writ of continuing garnishment” means the procedure for withholding the earnings of a judgment debtor for successive pay periods for payment of a judgment debt.

Forms

Writ of Continuing Garnishment
Calculation of Amount of Exempt Earnings
Objection to Calculation of the Amount of Exempt Earnings
Affidavit of Service

To obtain a Writ of Continuing Garnishment the Court must enter an Order of Judgment.

STEPS FOR FILING YOUR WRIT OF CONTINUING GARNISHMENT

• Complete Form– You must complete the following sections of the form.

1. 1. Fill in the caption (plaintiff, defendant, judgment creditor information, case number)
   2. Fill in the judgment debtor’s name, address and any other identifying information.
   3. Complete Lines 1-5 on the Writ
      • Line 1, Original Amount of Judgment Entered – Original amount refers to the actual judgment amount entered by the Magistrate or Judge. If court costs and/or interest were granted on the judgment date, include them as part of the original judgment.
      • Line 2, Plus any Interest Due on the Judgment. This is the amount of interest accrued from the date of judgment. Unless there was a different interest rate granted on the judgment date, interest is 8% per annum.
      • Line 3, Taxable Costs (including estimated cost of service of this Writ)
      • Line 4, Less any Amount Paid – Enter all amounts you have received as payment on the judgment here.
      • Line 5, Principal Balance/Total Amount Due and owing (total after adding and/or subtracting lines 1-4)
   4. Fill in the name of the employer on whom the Writ is to be served. You will need to provide the process server with a complete address to serve the documents.
   5. Fill in the MAKE CHECKS PAYABLE AND MAIL TO:  section.  Unless you are an Attorney or Licensed Collection Agency, checks MUST be made payable to Manager of Finance and mailed to Denver County Court, 1437 Bannock St., Room 135, Denver, CO 80202.

• File the Writ and appropriate documents with the Court. (In addition to the Writ you will need a “Calculation of Amount of Exempt Earnings”   and “Objection to Calculation of the Amount of Exempt Earnings”   form) The Clerk will issue the Writ upon your payment of the fee.
• Serve the Writ and appropriate documents. Select the Sheriff’s Department, a private process server, or someone you know who is 18 years or older and not a party to the action and who knows the Rules of Service to serve the Garnishee. There is a service fee that is payable to the Sheriff’s Department or Private Process Server.
  • You can locate private process servers in the yellow pages under Process Servers.
  • Make sure you provide the process server with complete address information to serve the Writ.
  • When service is complete, proof of service (Affidavit of Service) must be filed with the Court.
• A Writ of Continuing Garnishment is good for 180 days for any judgment ordered on or after August 8, 2001. When the effective garnishment period expires, you will need to complete a new Writ, file it with the Court and Serve the Garnishee.

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