Colorado USLegal Guide on How to Stop Garnishment

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Multi-State
Control #:
US-GDE-02
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Word; 
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Description

This guide provides an overview on garnishment law and how a person can stop a garnishment. Topics covered include general information and restrictions on garnishments of wages and bank accounts, as well as alternatives for stopping enforcement of a garnishment order.

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FAQ

If you're looking to put a stop to wage garnishment, you have four options: Repay your debt. Negotiate with your creditor. File a consumer proposal. File for bankruptcy.

In Colorado, a judgment in County Court lasts for 6 years, a judgment in District Court lasts for 20 years. Either can be renewed at the end of that period, but eventually, a judgment becomes unenforceable.

Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable weekly earnings or the amount by which an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less.

The judgment creditor has six months to collect garnishment payments before the writ of garnishment expires. If the full debt isn't paid within six months, the creditor can renew the garnishment every six months until the debt is paid in full.

(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, ...

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.

You may be able to stop any future wage garnishment from happening by presenting a case that allows the lawsuit to be decided in your favor, which means the creditor doesn't get a judgment against you. If the creditor does get a judgment against you, they will seek information about your assets, accounts, and employer.

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Colorado USLegal Guide on How to Stop Garnishment