Colorado § 13-54.5-104 Priority between multiple garnishments

Colorado Statutes

§ 13-54.5-104 — Priority between multiple garnishments

Colorado § 13-54.5-104

Title 13Courts

Art.Garnishment

This text of Colorado § 13-54.5-104 (Priority between multiple garnishments) 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. § 13-54.5-104 (2026).

Text

(1)(a) Only one writ of continuing garnishment against earnings due the judgment debtor shall be satisfied at one time. When more than one writ of continuing garnishment has been issued against earnings due the same judgment debtor, they shall be satisfied in the order of service on the garnishee. Except as provided in this subsection (1), a lien and continuing levy obtained pursuant to this article shall have priority over any subsequent garnishment lien or wage attachment.

(b)Where a continuing garnishment has been suspended for a specific period of time by agreement of the parties pursuant to the provisions of section 13-54.5-102 (2), such suspended continuing garnishment shall have priority over any writ of continuing garnishment served on the garnishee after such suspension

Free access — add to your briefcase to read the full text and ask questions with AI

(1) (a) Only one writ
of continuing garnishment against earnings due the judgment debtor shall be
satisfied at one time. When more than one writ of continuing garnishment has been
issued against earnings due the same judgment debtor, they shall be satisfied in
the order of service on the garnishee. Except as provided in this subsection (1), a
lien and continuing levy obtained pursuant to this article shall have priority over any
subsequent garnishment lien or wage attachment.

(b) Where a continuing garnishment has been suspended for a specific
period of time by agreement of the parties pursuant to the provisions of section 13-54.5-102 (2), such suspended continuing garnishment shall have priority over any
writ of continuing garnishment served on the garnishee after such suspension has
expired.

(c) (I) Notwithstanding any other provision of this subsection (1), a continuing
garnishment obtained pursuant to section 14-14-105, C.R.S., for the satisfaction of
debts or judgments for child support shall have priority over any other continuing
garnishment.

(II) Notwithstanding any other provision of this subsection (1), a continuing
garnishment obtained pursuant to section 26-2-128 (1)(a) or section 26.5-4-116 (1)
for the satisfaction of a judgment for fraudulently obtained public assistance or
child care assistance or fraudulently obtained overpayments has priority over any
other continuing garnishment other than a garnishment for collection of child
support pursuant to subsection (1)(c)(I) of this section.

(2) (a) Any writ of continuing garnishment served upon a garnishee while any
previous writ is still in effect shall be answered by the garnishee with a statement
that he has been served previously with one or more writs of continuing
garnishment against earnings due the judgment debtor and specifying the date on
which all such liens are expected to terminate.

(b) Upon the termination of a lien and continuing levy obtained pursuant to
this article, any other writ of continuing garnishment which has been issued or
which is issued subsequently against earnings due the judgment debtor shall have
priority in the order of service on the garnishee, and no priority shall be given to any
previous continuing lienholder whose lien has terminated. The person who serves a
writ of continuing garnishment on a garnishee shall note the date and time of such
service.

Legislative History

Source: L. 84: Entire article added, p. 471, � 1, effective January 1, 1985. L. 94: (1)(c) amended, p. 2062, � 3, effective July 1. L. 2022: (1)(c)(II) amended, (HB 22-1295), ch. 123, p. 828, � 29, effective July 1.