This form is a Suggestion for a Writ of Garnishment. Plaintiff obtained a judgment against defendant and in the process of collection, the plaintiff requests that garnishment be placed on the property of the defendant to satisfy the judgment. Therefore, the court orders that a writ of garnishment be granted in favor of plaintiff.
Colorado Suggestion for Writ of Garnishment
State:
Multi-State
Control #:
US-00987
Format:
Word;
Rich Text
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FAQ
In some instances, filing for bankruptcy may be the solution to assist you with your wage garnishment. You may also be able to protect yourself by filing an exemption claim with the court or by raising an objection to the wage garnishment.
Ing to Colorado law, creditors are able to garnish the lesser of: 20% of your disposable earnings for that week, or. any amount of your disposable earnings for the week that exceeds 40 times the state or federal minimum wage.
In some instances, filing for bankruptcy may be the solution to assist you with your wage garnishment. You may also be able to protect yourself by filing an exemption claim with the court or by raising an objection to the wage garnishment.
The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which an individual's disposable earnings for a week exceed the state or federal minimum wage.
If the debtor does not comply with the court order to pay you, your attorney can file a Transcript of Judgment to obtain a lien on their property so that it can be used in collection proceedings. If the debtor has property in more than one county, you must record this in every county where the property is owned.
Another way to stop a wage garnishment is by negotiating with your creditor. Many creditors are reluctant to settle debts once they have a garnishment. However, an attorney can help you negotiate the best settlement by offering a lump sum amount or payment terms.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).
(1) A writ of continuing garnishment shall be a lien and continuing levy against the nonexempt earnings of the judgment debtor until such time as earnings are no longer due, the underlying judgment is vacated, modified or satisfied in full, the writ is dismissed, or for 91 days (13 weeks) following service of the writ, ...