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Writ Of Continuing Garnishment Form. This is a Colorado form and can be use in Bankruptcy Court Federal.
Tags: Writ Of Continuing Garnishment, Colorado Federal, Bankruptcy Court
United States Bankruptcy Court, District of Colorado U.S. Custom House, 721 19th Street Denver, Colorado 80202-2508 Plaintiff(s)/Petitioner(s): v. Defendant(s)/Respondent(s): COURT USE ONLY Judgment Creditor's Attorney or Judgment Creditor (Name and Address): Case Number: Phone Number: FAX Number: E-mail: Atty. Reg. #: Division Courtroom WRIT OF CONTINUING GARNISHMENT ` Judgment Debtor's name, last known address, other identifying information: _______________________________________ ____________________________________________________________________________________________________ 1. Original or Revived Amount of Judgment Entered on ______________________ (date) for $_____________________ DATE SUIT WAS COMMENCED: a. Effective Garnishment Period (Mark Appropriate Box) 91 days (Judgment entered prior to August 8, 2001) Prior to May 1, 1991 182 days (Judgment entered on or after August 8, 2001) On or After May 1, 1991 2. Plus any Interest Due on Judgment (_______% per annum) 3. Taxable Costs (including estimated cost of service of this Writ) 4. Less any Amount Paid 5. Principal Balance/Total Amount Due and Owing $____________________ $____________________ $____________________ $____________________ I affirm that I am authorized to act for the Judgment Creditor and this is a correct statement as of _________________ (date). Subscribed under oath before me on _______________ (date) __________________________________________ Notary Public or Deputy Clerk My Commission Expires: ___________________________ ___________________________________________ Print Judgment Creditor's Name Address: ___________________________________ ___________________________________________ By: ________________________________________ Signature (Type Name, Title, Address and Phone) WRIT OF CONTINUING GARNISHMENT THE PEOPLE OF THE STATE OF COLORADO to the Sheriff of any Colorado County or to any person 18 years or older and who is not a party to this action: You are directed to serve TWO COPIES of this Writ of Continuing Garnishment upon ______________________, Garnishee, with proper return of service to be made to the Court. TO THE GARNISHEE: YOU ARE SUMMONED AS GARNISHEE IN THIS ACTION AND ORDERED: a. To answer the following questions under oath and mail your answers to the Judgment Creditor named above Judgment Creditor's Attorney or if the Judgment Creditor is not a licensed collection agency and has no attorney, to the Clerk of the Court no less than 7 nor more than 14 days following the time you pay the Judgment Debtor for the first time following service of this Writ, or 42 days following service of this Writ upon you, whichever is less. YOUR FAILURE TO ANSWER THIS WRIT OF CONTINUING GARNISHMENT MAY RESULT IN THE ENTRY OF A DEFAULT AGAINST YOU. Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com FORM 26 R7/12 WRIT OF CONTINUING GARNISHMENT © 2012 Colorado Judicial Department for use in the Courts of Colorado b. To pay any nonexempt earnings to the party designated in "e" below no less than 7 nor more than 14 days following each time you pay the Judgment Debtor during the effective Garnishment Period of this Writ and attach a copy of the Calculation of the Amount of Exempt Earnings used (the Calculation under "Questions to be Answered by Garnishee" should be used for the first pay period, and one of the multiple Calculation forms included with this Writ should be used for all subsequent pay periods). To deliver a copy of this Writ, together with the Calculation of the Amount of Exempt Earnings and a blank Objection to Calculation of the Amount of Exempt Earnings form, the first time you pay the Judgment Debtor. To deliver to the Judgment Debtor a copy of each subsequent Calculation of the Amount of Exempt Earnings each time you pay the Judgment Debtor for earnings subject to this Writ. MAKE CHECKS PAYABLE AND MAIL TO: Judgment Creditor named above; Judgment Creditor's Attorney or if the Judgment Creditor is not a licensed collection agency and has no attorney; to the Clerk of the _______________ Court Name: __________________________________________________________________________________________ Address: ___________________________________________________________________________________________________ PLEASE PUT THE CASE NUMBER (shown above) ON THE FRONT OF THE CHECK. CLERK OF THE COURT By Deputy Clerk: ________________________________ Kenneth S. Gardner Date: ______________________________________ c. d. e. NOTICE TO GARNISHEE a. This Writ applies to all nonexempt earnings owed or owing during the Effective Garnishment Period shown on Line 1a on the front of this Writ or until you have paid to the party, designated in paragraph "e" on the front of this Writ, the amount shown on Line 5 on the front of this Writ, whichever occurs first. However, if you have already been served with a Writ of Continuing Garnishment for Child Support, this new Writ is effective for the Effective Garnishment Period after any prior Writ terminates. "Earnings" includes all forms of compensation for Personal Services. Also read "Notice to Judgment Debtor" below. In no case may you withhold any amount greater than the amount on Line 5 on the front of this Writ. b. c. QUESTIONS TO BE ANSWERED BY GARNISHEE Judgment Debtor's Name: The following questions MUST be answered by you under oath: a. On the date and time this Writ of Continuing Garnishment was served upon you, did you owe or do you anticipate owing any of the following to the Judgment debtor within the Effective Garnishment Period shown on Line 1a on the front of this Writ? (Mark appropriate box(es)): 1. WAGES/SALARY/COMMISSIONS/BONUS/OTHER COMPENSATION FOR PERSONAL SERVICES (Earnings) 2. Case Number: Health, Accident or Disability Insurance Funds or Payments 3. Pension or Retirement Benefits (for suits commenced prior to 5/1/91 ONLY - check front of Writ for date) If you marked any box above, indicate how the Judgment debtor is paid: weekly bi-weekly semi-monthly monthly other The Judgment Debtor will be paid on the following dates during the Effective Garnishment Period shown on Line 1a (front of this Writ):________________________________________________________________ b. Are you under one or more of the following writs of garnishment? (Mark appropriate box(es)): 4. Writ of Continuing Garnishment (Expected Termination Date: ___________________________________) 5. c. Writ of Garnishment for Support (Expected Termination Date: _________________________________