§ 13-54.5-106 — Notice to judgment debtor in other garnishment

Colorado § 13-54.5-106

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

Text

(1) In a case
where personal property of the judgment debtor other than earnings is subject to
garnishment, following the service of the writ of garnishment on the garnishee, the
person who served said writ shall, as soon as practicable, serve a copy of the writ of
garnishment, together with a notice of exemption and pending levy, upon each
judgment debtor whose property is subject to garnishment by said writ. The notice
of exemption and pending levy shall inform the judgment debtor that the judgment
creditor intends to seek satisfaction of any judgment rendered in its favor against
the judgment debtor out of the judgment debtor's personal property in the
possession or control of the garnishee and shall inform the judgment debtor of his
right to claim exempt property.

(2) The notice of exemption and pending levy in such garnishment
proceeding against the personal property of a judgment debtor who is a natural
person shall contain the following:

(a) The judgment creditor's name and business address;

(b) The original amount of the judgment;

(c) The amount, if any, paid on the principal of the judgment as of the date of
the notice;

(d) The principal balance due on the judgment;

(e) The interest, if any, due on the judgment;

(f) The itemized taxable costs, if any, including the estimated costs of
serving the notice;

(g) The total amount due and owing on the judgment;

(h) The date of entry of the judgment;

(i) The name of the court in which the judgment was entered;

(j) A statement of the judgment debtor's right to claim any property levied
upon as exempt, including, but not limited to:

(I) Exempt property under section 13-54-102 and exempt earnings under
section 13-54-104;

(II) Workers' compensation benefits under section 8-42-124, C.R.S.;

(III) Unemployment compensation benefits under section 8-80-103, C.R.S.;

(IV) Group life insurance proceeds under section 10-7-205, C.R.S.;

(V) Health insurance benefits under section 10-16-212, C.R.S.;

(VI) Fraternal society benefits under section 10-14-403, C.R.S.;

(VII) Family allowances under section 15-11-404, C.R.S.;

(VIII) Repealed.

(IX) Public employees' retirement benefits pursuant to sections 24-51-212
and 24-54-111, C.R.S., social security benefits pursuant to 42 U.S.C. sec. 407, and
railroad employee retirement benefits pursuant to 45 U.S.C. sec. 231m;

(X) Public assistance benefits under section 26-2-131, C.R.S.;

(XI) Police officers' and firefighters' pension fund payments under section
31-30.5-208, C.R.S.;

(XII) Utility and security deposits under section 13-54-102 (1)(r);

(j.5) A statement that, notwithstanding the debtor's right to claim any
property levied upon as exempt for the property specified in paragraph (j) of this
subsection (2), no exemption other than the exemptions set forth in section 13-54-104 (3) may be claimed for a writ which is the result of a judgment taken for
arrearages for child support or for child support debt;

(k) The method of claiming an exemption and the time therefor; and

(l) The right to a hearing on any such claim of exemption and the time within
which such hearing must be held.

(3) Any notice to the judgment debtor required in the case of a garnishment
proceeding against the assets of a judgment debtor other than a natural person
shall be as prescribed by the supreme court pursuant to section 13-54.5-111.

Legislative History

Source: L. 84: Entire article added, p. 471, � 1, effective January 1, 1985. L. 87: (2)(j)(IX) amended, p. 1091, � 6, effective July 1; (2)(j)(IX) amended, p. 1585, � 56, effective July 1; (2)(j.5) added, p. 595, � 24, effective July 10. L. 88: (3) amended, p. 611, � 2, effective July 1. L. 90: (2)(j)(II) amended, p. 564, � 34, effective July 1. L. 92: (2)(j)(V) amended, p. 1726, � 15, effective July 1. L. 93: (2)(j)(VI) amended, p. 609, � 2, effective July 1. L. 94: (2)(j)(VII) amended, p. 1040, � 18, effective July 1, 1995. L. 96: (2)(j)(XI) amended, p. 941, � 3, effective May 23. L. 2011: (2)(j)(VIII) repealed, (HB 11-1303), ch. 264, p. 1152, � 20, effective August 10.