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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.

  • A business owes me money. How do I garnish personal property of the business in order to get the money that is owed to me?
    • 1. Determine when to use this process.
      • * If you went to court, got a money judgment against a business, and they are not paying you the money, you can go after that business' personal property, including bank accounts or other assets, by filing garnishment paperwork with the court.

        * The money owed to you can then be paid from these assets, or property can be sold in order to pay you what you are owed.

    • 2. Determine where the business that owes you money owns property or where their bank is located.
      • * NOTE: If you already know where the business that owes you money owns property, or where their bank is located, you can skip this step.

         

        * If you do not know where the business that owes you money owns property, or where their bank is located, and the case where you were awarded money is in County Court or Small Claims Court, follow these steps:

        1. Download JDF 108 Pattern Interrogatories Under C.R.C.P. 369(g) - Business. This form asks a lot of questions which a representative of the business that owes you money is required to answer (such as where they bank and what type of property they own). Fill out the information in the box at the top of the form. On the first line below the box at the top of the form, enter the name of the business that owes you money. A representative of the business that owes you money will need to fill out the rest of the form by answering the questions.

        2. Send JDF 108 Pattern Interrogatories Under C.R.C.P. 369(g) - Business to the business that owes you money. There are two different ways you can send them this form:
        a. You can file the form with the court, and the court will send the form to the business that owes you money; OR
        b. 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. Wait for a representative of the business that owes you money to send back his/her answers. He/she must file the answers with the court and send you a copy no later than 14 days after he/she receives the form. Once you get the answers back, you will have the information you need to file the paperwork for garnishment.

         

        * 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.

    • 3. Identify where to file your paperwork.
      • * You will file your paperwork with the same court where the case awarding you a money judgment is located. You will also use the same case number.

    • 4. Fill out the correct paperwork.
      • You will need this form:
        * Form 32 Writ of Garnishment - Judgment Debtor other than Natural Person

        * For detailed instructions, see JDF 82 Instructions for Collecting a Judgment and Completing a Writ of Garnishment.

        * 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.

        * You will use the same case number from your original case.

        * If you are owed money, you are referred to as the Judgment Creditor.

        * The business that owes you money is referred to as the Judgment Debtor.

        * 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.

        * Fill out lines 1 - 5 at the top part of Form 32 Writ of Garnishment - Judgment Debtor other than Natural Person and sign below line 5. You must sign this form in front of a Notary Public or court clerk. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

        * Take your completed Form 32 Writ of Garnishment - Judgment Debtor other than Natural Person to the clerk at the courthouse. Give the form to the clerk to file your case.

        * After you file Form 32 Writ of Garnishment - Judgment Debtor other than Natural Person, the clerk at the court will sign and issue the Writ back to you after you pay a filing fee. If you do not think you can afford it, 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 paperwork on the Garnishee.
    • 6. Wait for an answer from the Garnishee.
      • * After you serve Form 32 Writ of Garnishment - Judgment Debtor other than Natural Person on the bank or person who has possession or control of the personal property or assets of the business that owes you money (the Garnishee), they will fill out the answer part of the form, file it with the court and send you a copy.

        * If the answer shows that you are owed the money, it will be paid to you or property may need to be sold in order to pay you the money you are owed.

        * Once the business that owes you money pays you everything in full, fill out and file JDF 111 Satisfaction of Judgment with the court. This will let the court know that you have been paid everything you are owed and that the case is over.  You must sign this form in front of a Notary Public or court clerk. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

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