Colorado § 13-54.5-102 Continuing garnishment - creation of lien

Colorado Statutes

§ 13-54.5-102 — Continuing garnishment - creation of lien

Colorado § 13-54.5-102

Title 13Courts

Art.Garnishment

This text of Colorado § 13-54.5-102 (Continuing garnishment - creation of lien) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 13-54.5-102 (2026).

Text

(1)In addition to garnishment proceedings otherwise available pursuant to the laws of this state in any case in which a money judgment is obtained in a court of competent jurisdiction, the judgment creditor or its assignees are entitled, on notice to the judgment debtor required by section 13-54.5-105 (5)(b), to apply to the clerk of such court for garnishment against any garnishee. To the extent that the earnings are not exempt from garnishment, such garnishment is a lien and continuing levy upon the earnings due or to become due from the garnishee to the judgment debtor consistent and in accordance with the requirements of section 13-54.5-105 (6).

(2)Garnishment pursuant to subsection (1) of this section is a lien and continuing levy against said earnings due for one hundred

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(1) In addition to
garnishment proceedings otherwise available pursuant to the laws of this state in
any case in which a money judgment is obtained in a court of competent
jurisdiction, the judgment creditor or its assignees are entitled, on notice to the
judgment debtor required by section 13-54.5-105 (5)(b), to apply to the clerk of
such court for garnishment against any garnishee. To the extent that the earnings
are not exempt from garnishment, such garnishment is a lien and continuing levy
upon the earnings due or to become due from the garnishee to the judgment debtor
consistent and in accordance with the requirements of section 13-54.5-105 (6).

(2) Garnishment pursuant to subsection (1) of this section is a lien and
continuing levy against said earnings due for one hundred eighty-two days
consistent and in accordance with the requirements of section 13-54.5-105 (6) or
for one hundred eighty-two days following the expiration of any writs with a priority
pursuant to section 13-54.5-104, but such lien is terminated earlier than one
hundred eighty-two days if earnings are no longer due; the underlying judgment is
vacated, modified, or satisfied in full; or the writ is dismissed; except that a
continuing garnishment may be suspended for a specified period of time by the
judgment creditor upon agreement with the judgment debtor, which agreement
shall be in writing and filed by the judgment creditor with the clerk of the court in
which the judgment was entered and a copy of which shall be delivered by the
judgment creditor to the garnishee.

(2.5) A garnishee is not required to collect, possess, or control the judgment
debtor's tips, and any tips are not owed by a garnishee to a judgment creditor.

(3) Garnishment pursuant to subsection (1) of this section shall apply only to
proceedings against the earnings of a judgment debtor who is a natural person.

Legislative History

Source: L. 84: Entire article added, p. 470, � 1, effective January 1, 1985. L. 85: (1) amended, p. 582, � 2, effective May 3. L. 88: (1) and (2) amended, p. 610, � 1, effective July 1. L. 2001: (2) amended, p. 35, � 1, effective August 8. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 826, � 14, effective July 1. L. 2019: (1) and (2) amended and (2.5) added, (HB 19-1189), ch. 214, p. 2223, � 1, effective August 2.