(1) In addition to garnishment proceedings otherwise available pursuant to the laws of this state in any case in which a money judgment is obtained in a court of competent jurisdiction, the judgment creditor or its assignees are entitled, on notice to the judgment debtor required by section 13-54.5-105 (5)(b), to apply to the clerk of such court for garnishment against any garnishee. To the extent that the earnings are not exempt from garnishment, such garnishment is a lien and continuing levy upon the earnings due or to become due from the garnishee to the judgment debtor consistent and in accordance with the requirements of section 13-54.5-105 (6).
Garnishment pursuant to subsection (1) of this section is a lien and continuing levyagainst said earnings due for one hundred eighty-two days consistent and in accordance with the requirements of section 13-54.5-105 (6) or for one hundred eighty-two days following the expiration of any writs with a priority pursuant to section 13-54.5-104, but such lien is terminated earlier than one hundred eighty-two days if earnings are no longer due; the underlying judgment is vacated, modified, or satisfied in full; or the writ is dismissed; except that a continuing garnishment may be suspended for a specified period of time by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which the judgment was entered and a copy of which shall be delivered by the judgment creditor to the garnishee.
(2.5) A garnishee is not required to collect, possess, or control the judgment debtor's tips, and any tips are not owed by a garnishee to a judgment creditor.
Garnishment pursuant to subsection (1) of this section shall apply only to proceedings against the earnings of a judgment debtor who is a natural person.
Source: L. 84: Entire article added, p. 470, § 1, effective January 1, 1985. L. 85: (1) amended, p. 582, § 2, effective May 3. L. 88: (1) and (2) amended, p. 610, § 1, effective July 1. L. 2001: (2) amended, p. 35, § 1, effective August 8. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 826, § 14, effective July 1. L. 2019: (1) and (2) amended and (2.5) added, (HB 19-1189), ch. 214, p. 2223, § 1, effective August 2.
Editor's note: Section 7(2) of chapter 214 (HB 19-1189), Session Laws of Colorado 2019, provides that the act changing this section applies to all writs of garnishment issued on or after October 1, 2020, or the official declaration of the vote thereon by the governor if sent to a vote of the people, regardless of the dates of entry of the judgments upon which the writs of garnishment are based.