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Colorado Springs Colorado Instructions for Collecting a Judgment and Completing a Writ of Garnishment
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State:
Colorado
City:
Colorado Springs
Control #:
CO-JDF-82
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PDF
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How to fill out Colorado Springs Colorado Instructions For Collecting A Judgment And Completing A Writ Of Garnishment?
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FAQ
There are four main ways to not pay a judgment: (1) use statutory exemptions, (2) use protected assets, (3) negotiate with the creditor, or (4) file bankruptcy.
The Colorado Wage Garnishment Process The creditor brings a lawsuit. Consumer creditors must sue you before they can get a garnishment order.You have 21 days to answer the lawsuit unless you're sued in small claims court. You need to file your answer with the court within 21 days.
You need to make sure to collect your money before your judgment expires. If you were awarded a money judgment in County Court, it will expire 6 years from the date of the judgment. If you were awarded a money judgment in District Court, it will expire 20 years from the date of the judgment.
Finding Assets- Disclosure Hearings. Rule 69, C.R.C.P. provides for Execution and Proceedings Subsequent to Judgment. The Rule allows a creditor to either serve written interrogatories on the judgment debtor, who must be personally served under Rule 45, CR.
A county court judgment is valid 6 years and a district court judgment is valid for 20. Judgments may be renewed for 6 or 20 years, respectively (§ 13-52-102)....Colorado Statute of Limitations. Account/TypeYearsStatuteCredit card3 or 6§ 13-80-101 or § 13-80-103.5Spoken contract6§ 13-80-103.5 (See § 38-10-124)4 more rows ?
To attach the lien, the creditor must file the judgment with the county recorder in any Colorado county where the debtor owns property now or may own property in the future.
Ways to Collect Your Judgment in Colorado Post-Judgment Interrogatories.Obtaining a Lien on Real Property.Collecting from the Debtor's Wages.Collect from the Debtor's Bank Account.Seize the Debtor's Property.Garnishment, Sale, and Levies.Charging Order.
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.
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After you complete the Writ of Execution, you must file it with the court. Allegation of Jurisdiction (for cases in the County Court) .The writ of garnishment does not apply to money owed to the debtor in the future, except for wages and salary, as discussed below. Small Claims instructions and forms. If the tenant is not evicted in the 75 days, then you will have to file a new (or "alias") writ. In some situations, you can prevent a wage garnishment without bankruptcy. Forms are also available at the Court Clerk's office. Completed Sample Forms are available here. The changes affect Writs of Continuing Garnishment. Procedure for Obtaining a Writ of Garnishment .