Writ Of Continuing Garnishment {26SC}

FORM 26 SC R 1 - 1 8 W RIT OF CONTINUING GARNISHMENT Page 1 of 3 County Court District Court County, Colorado Court Address: Plaintiff(s)/Petitioner(s): v. Defendant(s)/Respondent(s): COURT USE ONLY (Name and Address) : Phone Number: E - mail: FAX Number: At ty. Reg. #: Case Number: Division Courtroom WRIT OF CONTINUING GARNISHMENT ` 1. Original or Revived Amount of Judgment Entered on (date) for $ a . Effective Garnishment Period 91 days (Judgment entered prior to August 8, 2001) 182 days (Judgment entered on or after August 8, 2001) 2. Plus any Interest Due on Judgment ( currently % 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 under penalty of perjury that I am authorized to act for the Judgment Creditor and this is a correct statement as of (date). By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. By checking this box, I am acknowledging that I have made a change to the original content of this form. 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 ACTI ON AND ORDERED: a. To answer the following questions under oath and file your answers with the Clerk of Court AND mail a completed copy with your answers to the Judgment Creditor or attorney no less than 7 nor more than 14 days following the time you pay the American LegalNet, Inc. www.FormsWorkFlow.com FORM 26 SC R 1 - 1 8 W RIT OF CONTINUING GARNISHMENT Page 2 of 3 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. b. To pay 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 Exem for the first pay period, and one of the multiple Calculation forms included with this Writ should be used for all subsequent pay periods). c. 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. d. 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. e. MAKE CHECKS PAYABLE AND MAIL TO: Judgment Creditor named above (only if the Judgment Creditor is a licensed collection agency pursuant to 12 - 14 - 101, et. seq., C.R.S.) ; (if applicable); or to the C lerk of the County Court or District Court in (city), Colorado ( Must select if the Judgment Creditor is not represented by an attorney AND is not a licensed collection agency pursuant to 12 - 14 - 101, et. seq., C.R.S.) Name: Address: PLEASE P UT THE CASE NUMBER (show n above) ON THE FRO N T OF THE CHECK. CLER K OF THE COURT By Deputy Clerk: Date: NOTICE TO GARNISHEE a. T his 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 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. b. E ar n ings includes all forms of compensation for Personal Services. c. In no case may you withhold any amount greater than the amount on Line 5 on the front of this Writ. QUESTIONS TO BE ANSWERED BY GARNISHEE : Case Number: The following questions MUST be answered by you under oath: a. On the date and time this Writ of Continuing Garn ishment 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. 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, indica te 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: ) American LegalNet, Inc. www.FormsWorkFlow.com FORM 26 SC R 1 - 1 8 W RIT OF CONTINUING GARNISHMENT Page 3 of 3 5. Writ of Garnishment for Support ( Expected Termination Date: ) c. If you marked Box 1 and you did NOT mark either Box 4 or 5, complete the Calculation below for each pay period following receipt of this Writ. If you marked either Box 4 or 5, you must comp lete Calculations beginning with the first pay period following termination of the prior writ(s). d. If you marked Box 2 or 3 and you did NOT mark either Box 4 or 5, complete the Calculation below for each pay period following receipt of this Writ. If you m arked either box 4 or 5, you must complete Calculations beginning with the f irst pay period following termination of the prior writ(s). However, there are a number of total exemptions, and you should seek legal advice about such exemptions. I f the earnin gs are totally exempt, please mark box 6 below: 6. T he earnings are totally exempt because: CALCULATION OF THE AMOUNT OF EXEMPT EARNINGS ( Each Pay Period) Gross Earnings for the p ay p eriod from thru $ Less Deductions Required by Law (Fo r Example, Withholding Taxes, FICA) - $ Disposable Earnings (Gross Earnings less Deductions) = $ Less Statutory Exemption (Use Exemption Chart Below) - $ Net Amount Subject to Garnishment = $ Less Wage/Income Assignment(s) During Pay Period (If Any) - $ A mount to be withheld and paid = $ E XEMPTION CHART Minimum Hourly W state or federal minimum wage, whichever is greater. ) PAY PERIOD Weekly Bi - weekly Semi - monthly Monthly AMOUNT EXEMPT IS THE GREATER OF : 30 x Minimum Hourly Wage or 75% of Disposable Earnings 60 x Minimum Hou rly Wage or 75% of Disposable Earnings 65 x Minimum Hourly Wage or 75% of Disposable Earnings 130 x Minimum Hourly Wage or 75% of Disposable Earnings I certify that I am authorized to act for the Garnishee ; that the above answers are true and correct ; and that I have delivered 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 to the Judgment Debtor at the time earnings were paid for each pay pe riod (if earnings were paid). Name of Garnishee (Print) Address Phone Number N ame of Person Answering (Print) Signature of Person Answering NOTICE TO JUDGMENT DEBTOR a. The Garnishee may only withhold nonexempt earnings from the amount due you, b ut in no event more than the amount on Line 5 on the front of this Writ, UNLESS YOUR EARNINGS ARE TOTALLY EXEMPT, in which case NO EARNINGS CAN BE WITHHELD. You may wish to contact a lawyer who can explain your rights. b. If you disagree with the amount wit hheld, you must talk with the Garnishee within 7 days after being paid. c. If you cannot settle the disagreement with the Garnishee, you may complete and file the attached Objection with the Clerk of the Court issuing this Writ within 14 days after being pa id. YOU MUST USE THE FORM ATTACHED or a copy of it. d. You are entitled to a court hearing on your written objec