“Writ of garnishment with notice of exemption and pending levy” means the procedure for the withholding of an individual’s personal property, other than earnings, for payment of a judgment debt. (Usually means money held in bank accounts.)
|Writ of Garnishment with Notice and Exemption & Pending Levy|
|Claim of Exemption to Writ of Garnishment with Notice|
|Affidavit of Service|
|Notice to Garnishee, Application of Funds to Judgment|
To obtain a Writ of Garnishment with Notice of Exemption & Pending Levy the Court must enter an Order of Judgment.
STEPS FOR FILING YOUR
WRIT OR GARNISHMENT WITH NOTICE OF EXEMPTION & PENDING LEVY
- Complete Form– You must complete the following sections of the form.
- Fill in the caption (Plaintiff, Defendant, Judgment Creditor Information, Case Number)
- Fill in the judgment debtor’s name, address and any other identifying information.
- 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)
- Fill in the name of the bank on whom the Writ is to be served. You will need to provide the process server with a complete address to serve the documents.
- Complete Section C. 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 “Claim of Exemption to Writ of Garnishment with Notice” form) The Court 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 and the judgment debtor. 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.
- Serve the Writ on the Garnishee.
- If the Garnishee is holding money, a copy of the Writ along with a blank Claim of Exemption to Writ of Garnishment with Notice form must be served on the judgment debtor.
- When service is complete, proof of service (Affidavit of Service) must be filed with the Court.
- If the judgment debtor does not file an objection with the Court within 14 days of receiving a copy of the Writ, complete the Notice to Garnishee, Application of Funds to Judgment, and Release of Funds to Judgment Creditor . This form must be filed and approved by the Court before the Garnishee who is holding money can release such funds.
- Once the Court has signed the Notice to Garnishee, Application of Funds to Judgment, and Release of Funds to Judgment Creditor, it is your responsibility to get the Notice to the garnishee.
- If no Claim of Exemption is filed, the Court will disburse funds to the judgment creditor.
- If the judgment debtor does object, you will receive a copy of the objection and a hearing will be set within 14 days after the filing of the objection.
Back to Top . . .