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Home Self Help Garnishment Against a Business
Home Self Help Garnishment Against a Business
Garnishment Against a Business
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

  • How do I collect from a buiness?
    • 1. When to Use
      •  

        1. If you got a money judgment against a business from a Court.  And
        2. If the business is not paying you the money owed.  Then,
        3.  You can go after that business' personal property.  This includes its bank accounts or other assets.

         

    • 2. Find its Bank and Property
      •  

        The next step is to find where the business has property or where its bank is located.

         

        Note

        1. If you already know this info, skip this step.

         

         

        County Court Process

         

        If the case where you were awarded money is in County Court or Small Claims Court, follow these steps:

         

        1. Download Form 8 - Pattern Interrogatories Under C.R.C.P. 369(g) - Business.

        • This form asks a lot of questions the business will be required to answer.
        • Fill out the information in the box at the top of the form, called the case caption.
        • On the first line below the case caption, enter the name of the business that owes you money.
        • The business will fill out the rest and send it back to you.

         

        2. Send the form.

         

        There are two ways to send the form to the Buisness:

        1. File the form with the court, and the court will send the form to the business that owes you money; OR
        2. You can arrange to deliver the form to the business that owes you money and file proof of service with the court. The process of arranging to have the form delivered is known as personal service. Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court.

         

        3. The business must send its answers to you within 14 days of receiving the form.

         

         

        District Court Process

         

        If the case where you were awarded money is in District Court, see Rule 69(d) of the Colorado Rules of Civil Procedure for information on how to send questions to the business that owes you money that they are required to answer.

         

    • 4. Garnishment Forms
      •  

        Forms

        1. Form 32 SC - Writ of Garnishment: Judgment Debtor other than Natural Person
        2. JDF 82 - Instructions.

         

        Form Tips

        1. You and the business that owes you money will have the same "identities" to the court as you did in the original case where the court awarded you the money. For example, if you were the Plaintiff or Petitioner in the original case, you will be the Plaintiff or Petitioner when you file this paperwork.
        2. You will use the same case number from your original case.
        3. If you are owed money, you are referred to as the Judgment Creditor.
        4. The business that owes you money is referred to as the Judgment Debtor.
        5. The bank or other person who has possession or control of the assets or other personal property of the business that owes you money is known as the Garnishee.
        6. Fill out lines 1 - 5 at the top part of form and sign below line 5. You must sign this form in front of a Notary Public or court clerk.

         

        File the Form

        1. Take the form to the courthouse and file into your case.
        2. After you file, the clerk at the court will sign and issue the Writ back to you after you pay a filing fee.
        3. If you do not think you can afford  the fee, you can request a waiver of the filing fee by completing form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit, and the caption box of JDF 206 Finding and Order

         

    • 5. Serve the Form
    • 6. Garnishee's Answer
      •  

        1. After service, the business or garnishee will fill out the answer section fo the Writ, file it with the court, and send you a copy.
        2. If the answer shows that you are owed the money, the Court will collect the money from assets or sale of property and despurse it to you.

         

        Final Step

        1. Once the business that owes you money pays you everything in full, fill out and file JDF 111 - Satisfaction of Judgment with the court.
        2. This will let the court know that you have been paid everything you are owed and that the case is over. 
        3. You must sign this form in front of a Notary Public or court clerk.

         

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