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Home Self Help Garnishment of Personal Property
Home Self Help Garnishment of Personal Property
Garnishment of Personal Property
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 garnish personal property in order to get money that is owed to me?
    • 1. Determine when to use this process.
      • * If you went to court, got a money judgment against someone, and they are not paying you the money, you can go after that person's personal property, including bank accounts or other assets (other than wages) 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 person who owes you money banks or owns property.
      • * NOTE: If you already know where the person who owes you money banks or owns property, you can skip this step.

        * NOTE: Some courts have local policies that may be slightly different than the instructions below. Make sure to check with your local court as to their local policy.

         

        * If you do not know where the person who owes you money banks or owns property, and the case where you were awarded money is in County Court, follow these steps:

        1. Download JDF 105 Pattern Interrogatories Under C.R.C.P. 369(g) - Individual. This form asks a lot of questions which the person who 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 person who owes you money. The person who owes you money will need to fill out the rest of the form by answering the questions.

        2. Send JDF 105 Pattern Interrogatories Under C.R.C.P. 369(g) - Individual to the person who 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 person who owes you money; OR
           b. You can arrange to deliver the form to the person who 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 the person who 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 you do not know where the person who owes you money banks or owns property, and the case where you were awarded money is in Small Claims Court, follow these steps:

        1. Fill out and file JDF 252A Motion and Order for Interrogatories - Short Form or JDF 252B Motion and Order for Interrogatories - Long Form with the court. These forms ask a lot of questions which the person who 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. Fill out the information below where it says "Motion" and sign where it says "Judgment Creditor's Signature". The court will fill out the "Order" part of the form, and the person who owes you money will need to answer the questions.

        2. The court will send the form to the person who owes you money and they will have 14 days to send back their answers. Once the answers are received, 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 person who 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 these forms:
        * Form 29 Writ of Garnishment with Notice of Exemption and Pending Levy
        * Form 30 Claim of Exemption to Writ of Garnishment with Notice
        * Form 89 Notice to Garnishee, Application of Funds to Judgment, and Release of Funds to Judgment Creditor

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

        * You and the person 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 person who 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 person who owes you money is known as the Garnishee.

        * Fill out lines 1 - 5 at the top part of Form 29 Writ of Garnishment with Notice of Exemption and Pending Levy 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 29 Writ of Garnishment with Notice of Exemption and Pending Levy to the clerk at the courthouse. Give the form to the clerk to file your case.

        * After you file Form 29 Writ of Garnishment with Notice of Exemption and Pending Levy, 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 Concerning Payment of Fees. For more information go to the File Without Payment page.

    • 5. Serve the paperwork on the Garnishee.
      • * After you file Form 29 Writ of Garnishment with Notice of Exemption and Pending Levy and the court signs and issues the Writ back to you, you must arrange to deliver a copy of Form 29 Writ of Garnishment with Notice of Exemption and Pending Levy to the bank or person who has possession or control of the assets or property of the person who owes you money (the Garnishee).  You must also arrange to deliver a copy of Form 29 Writ of Garnishment with Notice of Exemption and Pending Levy along with a copy of Form 30 Claim of Exemption to Writ of Garnishment with Notice to the person who owes you money (the Judgment Debtor).

        * The process of having these forms 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.

    • 6. Wait for an answer from the Garnishee.
      • * After you serve Form 29 Writ of Garnishment with Notice of Exemption and Pending Levy on the bank or person who has possession or control of the personal property or assets of the person who 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.

        * After you serve Form 29 Writ of Garnishment with Notice of Exemption and Pending Levy and Form 30 Claim of Exemption to Writ of Garnishment with Notice on the person who owes you money (the Judgment Debtor), they will have 14 days to fill out Form 30 Claim of Exemption to Writ of Garnishment with Notice and send it to you saying that their property or assets should not be taken.

        * If the person who owes you money does not send you a copy of Form 30 Claim of Exemption to Writ of Garnishment with Notice within 14 days, fill out Form 89 Notice to Garnishee, Application of Funds to Judgment, and Release of Funds to Judgment Creditor and file it with the court.  The court can then order money to be paid to you or the property to be sold to cover the money that you are owed.

        * If the person who owes you money sends you a copy of Form 30 Claim of Exemption to Writ of Garnishment with Notice, the court will need to set a hearing to resolve the issues.

        * Once the person who 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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