Colorado Writ of Garnishment: How Wage Garnishment Works After a Judgment

You won your Colorado small claims case, the debtor owes you money, and they haven't paid. If you know where the debtor works, a Writ of Continuing Garnishment may be your fastest enforcement tool — it redirects a portion of their paycheck to you for up to 182 days.

What Is a Writ of Continuing Garnishment?

A Writ of Continuing Garnishment is a court order directing the debtor's employer to withhold part of each paycheck and send it to you. In Colorado, this process is governed by C.R.S. § 13-54.5-101, C.R.C.P. 403, and C.R.C.P. 103. The key form is Form 26, officially titled the Writ of Continuing Garnishment.

Unlike a one-time bank levy, a wage garnishment keeps running. Once served on the employer, Form 26 stays active for 182 days — roughly six months of paychecks flowing toward your judgment balance.

The Forms You Need

Filing a wage garnishment requires three forms, all available free from coloradojudicial.gov:

• Form 26 — Writ of Continuing Garnishment (the main order)
• Form 27 — Calculation of the Amount of Exempt Earnings (determines how much the employer withholds)
• Form 28 — Objection to Calculation of the Amount of Exempt Earnings (the debtor uses this to challenge the amount)

You complete Form 26 and Form 27. The court clerk issues Form 26 after you pay the filing fee (or get a fee waiver via JDF 205/206). A blank Form 28 goes to the employer along with the other forms — the employer passes it to the debtor.

How to File and Serve the Writ

1. Complete Form 26 and Form 27. Fill in the case number, parties, judgment amount, and the exempt earnings calculation.
2. File with the County Court Clerk where your judgment was entered. Pay the filing fee. The clerk signs and issues the writ.
3. Serve the employer personally. A sheriff deputy or private process server must hand-deliver two copies of Form 26, Form 27, and a blank Form 28 to the employer. Electronic service only works if the employer has registered for e-service with the court.
4. The employer delivers notice to the debtor. On the same day or by the next regular pay period, the employer gives the debtor copies of the forms including Form 28.

What Happens After Service

The employer has 7 to 14 days after service to complete the sworn answer section of Form 26, file it with the court clerk, and mail a copy to you. This answer confirms the debtor's employment status and pay schedule.

The employer holds nonexempt funds each pay period. The debtor has 7 days from receiving the notice or paycheck calculation to file Form 28. If no objection is filed within 217 days after service on the employer (or as pay periods clear without objection), the employer remits the withheld funds to you or the court as directed.

If the debtor files Form 28, disbursement pauses and the court holds a summary hearing within 14 days to decide the correct withholding amount.

How Much Can Be Garnished?

Colorado law protects more of a debtor's wages than federal minimums. The employer withholds the lesser of:

• 20% of weekly disposable earnings, or
• The amount by which weekly disposable earnings exceed 40 times the Colorado minimum wage

For 2026, the state minimum wage is $15.16/hour, making the weekly exemption floor $606.40. In practical terms: if the debtor's weekly disposable income is $700, the employer withholds $93.60 (the amount above $606.40), not $140 (20%). If weekly disposable income falls below $606.40, wages are fully exempt and nothing is garnished.

"Disposable earnings" means what's left after mandatory withholdings — federal and state income tax, FICA, and Medicare. Voluntary deductions like health insurance or retirement contributions don't reduce the garnishable amount.

When Garnishment Won't Work

Wage garnishment requires knowing the debtor's employer. If the debtor is self-employed, unemployed, or working under the table, you'll need a different enforcement tool — a bank levy (Form 29) or a Writ of Execution through the sheriff's office.

Also, if the debtor earns close to or below minimum wage, their entire paycheck may be exempt. Run the Form 27 calculation before filing to make sure the numbers justify the court fees and process server costs.

What This Costs

You'll pay a court filing fee for the writ plus process server charges (typically $30–$75 depending on the county). These costs can be added to the judgment balance using your enforcement cost ledger — the debtor ultimately owes them.

If your judgment involves multiple enforcement steps and you want a consolidated workflow covering every tool from interrogatories through case closure, the Colorado Judgment Collection Guide walks through the entire sequence with the correct forms, fees, and deadlines at each stage.

Key Deadlines at a Glance

Wage garnishment is the most reliable collection tool when the debtor has steady employment. File Form 26, serve the employer, and let the paycheck deductions work for six months while you track the balance on your judgment ledger.

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