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No response to Writ of Garnishment

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jollyjosh

Junior Member
What is the name of your state (only U.S. law)? Colorado

Hello,

I've managed to serve a writ of garnishment to the agent of the employer of the debtor.

The writ was served about 46 days ago.

I have received no response or reply, and have checked with the court to confirm the lack of response.

I've made it this far by talking to the clerk of courts and online research. For the life of me, I can't figure out what to do next. There isn't a lot of info on the next course of action if the writ isn't replied to or the debt isn't paid or being paid.

Any guidance is appreciated :) :cool:
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Colorado

Hello,

I've managed to serve a writ of garnishment to the agent of the employer of the debtor.

The writ was served about 46 days ago.

I have received no response or reply, and have checked with the court to confirm the lack of response.

I've made it this far by talking to the clerk of courts and online research. For the life of me, I can't figure out what to do next. There isn't a lot of info on the next course of action if the writ isn't replied to or the debt isn't paid or being paid.

Any guidance is appreciated :) :cool:
Have you done anything to verify whether or not the debtor works/still works for the employer in question? I am not aware that the employer has any obligation to reply if the person does not work for them.
 

HRZ

Senior Member
ITs also possible that there are other writs ahead of yours ...and yours doesn't get paid until the one ahead of it is paid in full.
 

adjusterjack

Senior Member
According to the court's instructions:

The Garnishee shall file the answer to the Writ with the Clerk of Court and send a copy to the Judgment Creditor no less than 7 and no more than 14 days following the time the Judgment Debtor receives earnings for the first pay period affected by the Writ or 42 days following the date such Writ was served upon the Garnishee, whichever is less.
https://www.courts.state.co.us/Forms/PDF/JDF 82 How to Collect a Judgment and Issuing a Writ of Garnishment R6 15 (FINAL).pdf

But I don't see anything in the garnishment statute about penalties against the employer for not responding.

https://law.justia.com/codes/colorado/2016/title-13/judgments-and-executions/article-54.5/

Further action may require the services of a lawyer.
 

jollyjosh

Junior Member
Have you done anything to verify whether or not the debtor works/still works for the employer in question? I am not aware that the employer has any obligation to reply if the person does not work for them.
I am pretty sure she works there due to previous tenancy applications, current linkedin profile, but official verification costs money through some online service.
 

jollyjosh

Junior Member
According to the court's instructions:



https://www.courts.state.co.us/Forms/PDF/JDF 82 How to Collect a Judgment and Issuing a Writ of Garnishment R6 15 (FINAL).pdf

But I don't see anything in the garnishment statute about penalties against the employer for not responding.

https://law.justia.com/codes/colorado/2016/title-13/judgments-and-executions/article-54.5/

Further action may require the services of a lawyer.
So it seems that I'm left to my own devices of waiting around? I saw something in Maryland's law that without a response I can motion for a default and get a judgement against the garnishee, not sure if I can do that here...
 

latigo

Senior Member
. . . . I don't see anything in the garnishment statute about penalties against the employer for not responding. . . .
No penalties?

Perhaps you should consider reading CRCP Rule 103. Garnishment – § 7. FAILURE OF GARNISHEE TO ANSWER (ALL FORMS OF GARNISHMENT) and such incidentals as being cited in contempt of court, imposition of sanctions, ordered to pay the judgment creditor's attorney fees, court costs and decreeing personal liability on the part of the garnishee. Not to mention the criminal penalties of perjury for falsifying the answers to interrogatories.
 

jollyjosh

Junior Member
Ahh yes, I did see that. But as someone who isn't a lawyer, what do I do now? Shake my fist at the courthouse? I have no idea what paperwork to file or what to do.

Any further help is much appreciated. :cool:
 

PayrollHRGuy

Senior Member
Your best bet would be to hire a lawyer. As you can see from latigo's post the lawyer and court costs will be recoverable.
 

adjusterjack

Senior Member
No penalties?

Perhaps you should consider reading CRCP Rule 103. Garnishment – § 7. FAILURE OF GARNISHEE TO ANSWER (ALL FORMS OF GARNISHMENT) and such incidentals as being cited in contempt of court, imposition of sanctions, ordered to pay the judgment creditor's attorney fees, court costs and decreeing personal liability on the part of the garnishee. Not to mention the criminal penalties of perjury for falsifying the answers to interrogatories.
I didn't say there were no penalties. I said I found none in the STATUTE.

Thank you for finding the rule for me. You may take the credit for doing so.
 

adjusterjack

Senior Member
Ahh yes, I did see that. But as someone who isn't a lawyer, what do I do now? Shake my fist at the courthouse? I have no idea what paperwork to file or what to do.

Any further help is much appreciated. :cool:
It's called a Motion for Order to Garnishee to Show Cause

I haven't found one for Colorado. Here's one from Utah as an example:

https://www.formsbank.com/template/79096/motion-form-for-order-to-garnishee-to-show-cause-form-justice-court-of-utah.html

See if your court has a similar form for Colorado.

If not, it's up to you if you want to modify the Utah form and take your chances on getting it right.
 

latigo

Senior Member
Ahh yes, I did see that. But as someone who isn't a lawyer, what do I do now? Shake my fist at the courthouse? I have no idea what paperwork to file or what to do. . . . .
What to do?

You do precisely what CRCP Rule 103 § 7 "FAILURE OF GARNISHEE TO ANSWER (ALL FORMS OF GARNISHMENT)'' 7 tells you to do; to-wit:

1. You request the clerk of the court that issued the writ to enter default against the garnishee.

2. After the default is entered you proceed before the court to prove the liability of the garnishee to the judgment debtor.

3. If the court finds the garnishee liable to the judgment debtor at the time of service of the writ, the court shall enter a judgment against the garnishee for a like amount for the benefit of the judgment creditor.
 

latigo

Senior Member
I didn't say there were no penalties. I said I found none in the STATUTE.

Thank you for finding the rule for me. You may take the credit for doing so.
Had you been a bit more observant in reading the statutes, ajax you might have noticed this:

"The practice and procedure in garnishment actions instituted pursuant to this article, and all forms in connection therewith, shall be in accordance with rules prescribed by the supreme court pursuant to article 2 of this title." C.R.S. 13-54.5-111
_______________

You are giving me "credit'' for knowing something as fundamental as the consequences of disobeying any court order including a Writ of Garnishment wherein the garnishee is ordered to answer under oath whether or not it owes or anticipates owing any property or money to the judgment debtor!?

Forget the kindness gesture as I am not in here seeking recognition! Unlike you I don't have anything to prove. I don't claim to be much but what I can claim is having studied American Jurisprudence since I entered law school at age twenty plus six months. And that I have no intentions to claim or to influence others to believe that I'm someone that I'm not. And that is a shoe I don't think you would find comfortable.
 

adjusterjack

Senior Member
Had you been a bit more observant in reading the statutes, ajax you might have noticed this:

"The practice and procedure in garnishment actions instituted pursuant to this article, and all forms in connection therewith, shall be in accordance with rules prescribed by the supreme court pursuant to article 2 of this title." C.R.S. 13-54.5-111
_______________

You are giving me "credit'' for knowing something as fundamental as the consequences of disobeying any court order including a Writ of Garnishment wherein the garnishee is ordered to answer under oath whether or not it owes or anticipates owing any property or money to the judgment debtor!?

Forget the kindness gesture as I am not in here seeking recognition! Unlike you I don't have anything to prove. I don't claim to be much but what I can claim is having studied American Jurisprudence since I entered law school at age twenty plus six months. And that I have no intentions to claim or to influence others to believe that I'm someone that I'm not. And that is a shoe I don't think you would find comfortable.
Whatever.

:p
 

jollyjosh

Junior Member
All is good guys! I'm just happy you're both looking at this to try to help.

I can't find anything in here about what happens if they don't reply:https://www.courts.state.co.us/Forms/PDF/JDF%2082%20How%20to%20Collect%20a%20Judgment%20and%20Issuing%20a%20Writ%20of%20Garnishment%20R6%2015%20(FINAL).pdf

I also can't find any forms similar to the one you mentioned called "Motion for Order to Garnishee to Show Cause"

https://www.courts.state.co.us/Forms/By_JDF.cfm

One thing I could do is file a generic motion as outlined here: https://www.courts.state.co.us/Forms/PDF/JDF%2076--%20Motion.pdf

Further help and thoughts welcome. And for adult sakes be nice to each other lol.
 

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