(1)In a case of
continuing garnishment, the garnishee shall deliver a copy of the writ of
garnishment and notices required by section 13-54.5-105 to the judgment debtor in
accordance with the provisions of section 13-54.5-105 (5)(b)(II).
(2)(a) In cases other than a continuing garnishment where the judgment
debtor's personal property is subject to garnishment, service of the notice of
exemption and pending levy required by section 13-54.5-106 must be made by one
of the following means:
(I)Giving the notice of exemption and pending levy to the judgment debtor in
person and obtaining a receipt;
(III)(A) Depositing the notice in the United States mail, postage prepaid and
addressed to the judgment debtor's last-known address known to the judgment
credit
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(1) In a case of
continuing garnishment, the garnishee shall deliver a copy of the writ of
garnishment and notices required by section 13-54.5-105 to the judgment debtor in
accordance with the provisions of section 13-54.5-105 (5)(b)(II).
(2) (a) In cases other than a continuing garnishment where the judgment
debtor's personal property is subject to garnishment, service of the notice of
exemption and pending levy required by section 13-54.5-106 must be made by one
of the following means:
(I) Giving the notice of exemption and pending levy to the judgment debtor in
person and obtaining a receipt;
(II) Personal service;
(III) (A) Depositing the notice in the United States mail, postage prepaid and
addressed to the judgment debtor's last-known address known to the judgment
creditor. A notice served in this manner must be sent either by certified mail, return
receipt requested, or by regular mail supported by an affidavit of mailing sworn and
retained by the judgment creditor.
(B) A notice mailed and not returned as undeliverable by the United States
postal service is presumed to have been given on the date of mailing. For the
purposes of this subsection (2), undeliverable does not include unclaimed or
refused.
(C) If the judgment debtor has provided consent for notice by electronic mail
as described in subparagraph (IV) of this paragraph (a), the judgment creditor shall
also provide the notice as described in subparagraph (IV) of this paragraph (a) when
using the notice provisions in this subparagraph (III).
(IV) Transmitting the notice by electronic mail, if the judgment debtor has
previously consented to receive information about the debt from the judgment
creditor in electronic form, to the last-known electronic mail address of the
judgment debtor on file with the judgment creditor. A notice served in this manner
must be supported by an affidavit, executed under penalty of perjury, of any officer,
clerk, or agent of the creditor or the creditor's attorney, authorized to serve the
notice or electronically transmit the notice under this section. The affidavit
constitutes proof of notice under this subparagraph (IV).
(b) (I) If service cannot be made upon the judgment debtor as set forth in
paragraph (a) of this subsection (2), and upon a showing that due diligence has been
used to obtain service as set forth in paragraph (a) of this subsection (2), the court
shall order service of a notice of exemption and pending levy to be made by one of
the following methods:
(A) Publication for a period of fourteen days in a newspaper of general
circulation published in the county in which the property was levied upon; or
(B) If there is no newspaper of general circulation published in the county in
which the property was levied upon, then service is made by publication for a period
of fourteen days in a newspaper of general circulation in an adjoining county, and
the court shall order the clerk of the court in which the judgment was entered to
mail a copy of the notice to the judgment debtor at the judgment debtor's last-known address, postage prepaid.
(II) A newspaper used for service by publication as set forth in this paragraph
(b) must meet the requirements set forth in section 24-70-106, C.R.S.
(III) (A) The judgment creditor shall file with the clerk of the court in which
the judgment was entered a notice of exemption and pending levy, as well as proof
of service of the notice.
(B) In the case of service by publication, the judgment creditor shall file with
the clerk of the court in which the judgment was entered an affidavit of publication
and an affidavit of the mailing of the notice.
(3) Compliance with this section and sections 13-54.5-105 and 13-54.5-106
by the judgment creditor shall be deemed to give sufficient notice to the judgment
debtor of the garnishment proceedings against him, and no further notice shall be
required under this article.