C.r.s. 13-54.5-107

This article highlights some judgment-related Colorado laws

, part of the Colorado Revised Statutes, abbreviated as (C.R.S.) or CRS. This article is my opinion and is not legal advice. I'm a judgment broker, and not an attorney. Laws change over time, so please confirm all laws described in this or any of JudgmentBuy's articles.

CRS 13-52-111, Title 13, Courts and Court Procedure judgments and executions, article 52 - Property Subject To Levy: Use the web to search for "CRS 13-52-111, Title 13" to see the full text of this law, or all Colorado statutes mentioned in this article. This statute states that writ of executions are to be returned to a court; no later than 90 days after the writ is served, unless a Sheriff's auction gets scheduled. The service date of the writ of execution, is public record. The execution lien upon the personal property of a debtor, attaches when the Sheriff receives the execution.

CRS 13-54.5-102, Title 13, Courts and Court Procedure judgments and executions, article 54.5 - Garnishment: Search for "Colorado 13-54.5-102" to see the full statute. This statute defines the way ongoing judgment debtor wage garnishment liens are done. Wage garnishments may get suspended by a creditor. This law also covers the priority of liens, and states that liens last 180 days after a writ of execution expires, which implies, yet this statute doesn't state, that you has to renew writs of execution every year.

CRS 13-54.5-103, Title 13, Courts and Court Procedure judgments and executions, article 54.5 - Garnishment: Search for "Colorado 13-54.5-103" to see the complete law. This statute describes the way property or earnings are available for garnishment, and how income from tips get handled. Interestingly, this statute implies that writs of execution last for ninety days, and specifies the way exemptions get processed. Cash from student loans and annual discretionary disbursements from trusts, are off-limits.

CRS 13-54.5-104, Title 13, Courts and Court Procedure judgments and executions, article 54.5 - Garnishment: Search for "Colorado 13-54.5-104" to see the full law. This statute establishes the priorities for multiple garnishments. As with most situations and states, only one wage garnishment is allowed at a time. If a wage garnishment is suspended, after it resumes, the formerly suspended garnishment usually takes priority over most new garnishments which come in after the first garnishment got suspended.

13-54.5-104 also states that child support garnishments get the highest priority, and can push previous garnishments aside. Another garnishment which pushes aside all previous ones except for child support garnishments, are judgments for fraudulently obtained public assistance. When a prior garnishment prevents a new one from working, an estimate of when the new one can be started, will get mailed to the judgment creditor.

CRS 13-54.5-105, Title 13, Courts and Court Procedure judgments and executions, article 54.5 - Garnishment: Search for "Colorado 13-54.5-105" to see the full law. This law defines how notices to the judgment debtor get sent, in continuing garnishment situations.

CRS 13-54.5-106, Title 13, Courts and Court Procedure judgments and executions, article 54.5 - Garnishment: Search for "Title 13 13-54.5-106" to see the full law. This statute specifies how notices get sent to judgment debtors in single (one time) garnishment levies, for example, a bank account garnishment. Also specified is how 3rd parties possessing any judgment debtor's asset, has to to comply, and has a wide range of potential debtor exemption claims.

CRS 13-54.5-107, Title 13, Courts and Court Procedure judgments and executions, article 54.5 - Garnishment: Search for "Colorado 13-54.5-107" to see the complete statute. This statute specifies the details for how notices sent to debtors get served.

CRS 13-54.5-108, Title 13, Courts and Court Procedure judgments and executions, article 54.5 - Garnishment: Search for "Colorado 13-54.5-108" to see the complete statute. This statute defines how judgment debtors may file exemption claims or written objections, and the time limits for all involved parties. If a debtor files a claim of exemption, the court must hold a hearing to decide the validity ofthe defendant's claim of exemption prior to permitting garnishments to take effect.

CRS 13-54-104, Title 13, Courts and Court Procedure judgments and executions, Article 54 - Property And Earnings Exempt: Search for "C.R.S. 13-54-104" to see the complete law. This statute specifies "disposable earnings" and "earnings". It also defines limits, terms, and restrictions for levies and garnishments under attachment or execution. Most often, regular judgment creditors are limited to 25% of a debtor's wages, public assistance fraud judgments at 35%, and child support judgments at 50%.

CRS 13-55-102, Title 13, Courts and Court Procedure judgments and executions, article 54.5 - Method of Claiming Exemption: Search for "Colorado 13-55-102 title 13" to see the complete law. This statute specifies the details of service of notices of levies, with a writ, on debtors. When notices aren't performed properly, levies won't work.

CRS 30-1-104, Title 30, Government - County Compensation - Article 1, Fees - General: Search for "Colorado CRS 30-1-104 fees of Sheriff" to see the complete statute. This statute specifies the fees the Sheriffs charge for serving court paperwork, and all other court-related services.

If you need to find a judgment collection lawyer in Colorado, contact a judgment broker, or visit the Colorado Bar's website at: http://www.cobar.org

by: Mark Shapiro

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