§ 13-54.5-101 — Definitions

Colorado § 13-54.5-101

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Garnishment

Text

As used in this article 54.5, unless the context
otherwise requires:

(1) Continuing garnishment means any procedure for payment of a
judgment debt by withholding earnings to which a judgment debtor becomes
entitled for the duration of the writ of continuing garnishment.

(2) (a) Earnings means:

(I) Compensation paid or payable to an individual employee or independent
contractor for personal labor or services;

(II) Funds held in or payable from any health, accident, or disability
insurance.

(b) For the purposes of writs of garnishment that are the result of a
judgment taken for arrearages for child support or for child support debt, for
restitution for the theft, embezzlement, misappropriation, or wrongful conversion of
public property, or in the event of a judgment for a willful and intentional violation
of fiduciary duties to a public pension plan where the offender or a related party
received direct financial gain, earnings also means:

(I) Workers' compensation benefits;

(II) Any pension or retirement benefits or payments, including but not limited
to those paid pursuant to articles 51, 54, 54.5, and 54.6 of title 24, C.R.S., and
articles 30.5 and 31 of title 31, C.R.S.;

(III) Dividends, severance pay, royalties, monetary gifts, monetary prizes,
excluding lottery winnings not required by the rules of the Colorado lottery
commission to be paid only at the lottery office, taxable distributions from general
partnerships, limited partnerships, closely held corporations, or limited liability
companies, interest, trust income, annuities, capital gains, or rents;

(IV) Any funds held in or payable from any health, accident, disability, or
casualty insurance to the extent that such insurance replaces wages or provides
income in lieu of wages; and

(V) Tips declared by the individual for purposes of reporting to the federal
internal revenue service or tips imputed to bring the employee's gross earnings to
the minimum wage for the number of hours worked, whichever is greater.

(c) For the purposes of writs of garnishment issued by the state agency
responsible for administering the state medical assistance program, which writs are
issued as a result of a judgment for medical support for child support or for medical
support debt, earnings includes:

(I) Payments received from a third party to cover the health-care cost of the
child but which payments have not been applied to cover the child's health-care
costs; and

(II) State tax refunds.

(d) For the purposes of writs of garnishment issued by a county department
of human or social services responsible for administering the state public
assistance programs and the Colorado child care assistance program, which writs
are issued as a result of a judgment for a debt for fraudulently obtained public
assistance or child care assistance, fraudulently obtained overpayments of public
assistance or child care assistance, or excess public assistance or child care
assistance paid for which the recipient was ineligible, earnings includes workers'
compensation benefits.

(e) For the purposes of attachments of earnings or writs of garnishment that
are the result of a judgment taken for court assessments including fines, fees,
costs, restitution, and surcharges pursuant to section 16-11-101.6 or section 16-18.5-105, C.R.S., earnings also means those enumerated under paragraph (a) of this
subsection (2).

(3) Garnishee means a person other than a judgment creditor or judgment
debtor who is in possession of earnings or property of the judgment debtor and who
is subject to garnishment in accordance with the provisions of this article.

(4) Garnishment means any procedure through which the property or
earnings of an individual in the possession or control of a garnishee are required to
be withheld for payment of a judgment debt.

(5) Judgment creditor means any individual, corporation, partnership, or
other legal entity that has recovered a money judgment against a judgment debtor
in a court of competent jurisdiction.

(6) Judgment debtor means any person, including a corporation,
partnership, or other legal entity, who has a judgment entered against him in a
court of competent jurisdiction.

(7) Notice of exemption and pending levy means the document required to
be served on the judgment debtor in any garnishment proceeding, except
continuing garnishment, as soon as practicable following the service of the writ of
garnishment on the garnishee. A notice of exemption and pending levy includes a
statement that the judgment creditor intends to satisfy the judgment against the
judgment debtor out of the judgment debtor's personal property held by a third
party and that the judgment debtor has the right to claim certain property as exempt.

Legislative History

Source: L. 84: Entire article added, p. 469, � 1, effective January 1, 1985. L. 85: (7) amended, p. 582, � 1, effective May 3. L. 87: (2) amended, p. 595, � 23, effective July 10. L. 90: (2) amended, p. 564, � 33, effective July 1. L. 91: (2) amended, p. 384, � 5, effective May 1. L. 92: (2) amended, p. 577, � 4, effective July 1. L. 93: (2)(b) amended, p. 1871, � 4, effective June 6. L. 94: (2)(a)(I) amended, p. 1536, � 3, effective May 31; (2) amended, p. 1595, � 4, effective July 1; (2)(b) amended, p. 1252, � 5, effective July 1. L. 96: (2) amended, p. 591, � 2, effective July 1. L. 98: (2)(b)(II) amended, p. 920, � 6, effective July 1. L. 99: (2)(b)(II) amended, p. 620, � 14, effective August 4. L. 2005: IP(2)(b) and (2)(b)(II) amended, p. 71, � 2, effective August 8. L. 2006: (2)(d) added, p. 947, � 3, effective August 7. L. 2009: (2)(b)(II) amended, (SB 09-282), ch. 288, p. 1397, � 58, effective January 1, 2010. L. 2010: (2)(b)(II) amended, (HB 10-1422), ch. 419, p. 2068, � 23, effective August 11. L. 2012: (2)(e) added, (HB 12-1310), ch. 268, p. 1392, � 3, effective June 7. L. 2015: (1), (2)(a)(I), and (2)(b)(III) amended, (SB 15-283), ch. 301, p. 1239, � 4, effective July 1. L. 2018: IP and (2)(d) amended, (SB 18-092), ch. 38, p. 399, � 10, effective August 8. L. 2022: (2)(d) amended, (HB 22-1295), ch. 123, p. 828, � 28, effective July 1.