§ 13-54.5-109 — Hearing on objection or claim of exemption

Colorado § 13-54.5-109

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

Text

(1) (a) Upon the
filing of an objection pursuant to section 13-54.5-108 (1)(a) or the filing of a claim of
exemption pursuant to section 13-54.5-108 (1)(b), the court in which the judgment
was entered shall set a time for the hearing of such objection or claim, which shall
be not more than fourteen days after filing. The clerk of the court where such
objection or claim is filed shall immediately inform the judgment creditor or his or
her attorney of record and the judgment debtor or his or her attorney of record by
telephone, by mail, or in person of the date set for such hearing.

(b) The certificate of the clerk of the court that service of notice of such
hearing has been made in the manner and form stated in paragraph (a) of this
subsection (1), which certificate has been attached to the court file, shall constitute
prima facie evidence of such service, and such certificate of service filed with the
clerk of the court is sufficient return of such service.

(2) Upon such hearing, the court shall summarily try and determine whether
the amount of the judgment debtor's exempt earnings was correctly calculated by
the garnishee or whether the property held by the garnishee is exempt and shall
enter an order or judgment setting forth the determination of the court. If the
amount of exempt earnings is found to have been miscalculated or if said property
is found to be exempt, the court shall order the clerk of the court to remit the
amount of over-garnished earnings, or the garnishee to remit such exempt
property, to the judgment debtor within seven days.

(3) Where the judgment debtor moves the court to hear an objection or claim
of exemption within the time provided by section 13-54.5-108 (3) and the judgment
giving rise to such claim has been satisfied against property or earnings of the
judgment debtor, the court shall hear and summarily try and determine whether the
amount of the judgment debtor's earnings paid to the judgment creditor was
correctly calculated and whether the judgment debtor's property sold in execution
was exempt and shall issue an order setting forth the determination of the court. If
such amount of earnings is found to have been miscalculated or if such property is
found to be exempt, the court shall order the judgment creditor to remit the amount
of the over-garnished earnings or such exempt property or the value thereof to the
judgment debtor within seven days.

(4) Any order or judgment entered by the court as provided for in
subsections (2) and (3) of this section is a final judgment or order for the purpose of
appellate review.

Legislative History

Source: L. 84: Entire article added, p. 474, � 1, effective January 1, 1985. L. 2012: (1)(a), (2), and (3) amended, (SB 12-175), ch. 208, p. 827, � 17, effective July 1.