A writ of garnishment in Colorado is a court order that lets a creditor who has already won a judgment against you collect the money directly from your paycheck or your bank account. State law caps wage garnishment at 20% of your weekly disposable earnings (and often less), and it shields the first $2,500 across your bank accounts from seizure.1Justia. Colorado Code 13-54-104 – Restrictions on Garnishment and Levy Under Execution or Attachment2Colorado Judicial Branch. Form 29 – Writ of Garnishment with Notice of Exemption Several categories of income are off-limits entirely, and you have a short window to object if a creditor takes something it shouldn’t.
How a Creditor Gets One
A creditor cannot garnish anything until it has sued you and won a money judgment. With that judgment in hand, the creditor files a request with the court identifying you, the amount owed, and whether it is targeting your wages or a bank account. If the paperwork complies with Colorado’s rules, the court issues the writ, and the creditor serves it on your employer or your bank. You must also receive a copy, along with a notice explaining your exemption rights.
How Much of Your Paycheck a Creditor Can Take
Colorado garnishes the smaller of two numbers: 20% of your weekly disposable earnings, or the amount by which those earnings exceed 40 times the state minimum wage.1Justia. Colorado Code 13-54-104 – Restrictions on Garnishment and Levy Under Execution or Attachment Lower earners keep more.
Disposable earnings are not your take-home pay. They are what remains after only the legally required deductions: federal, state, and local income tax, Social Security and Medicare, and state unemployment insurance.3U.S. Department of Labor. Fact Sheet #30: Wage Garnishment Protections of the Consumer Credit Protection Act (CCPA) Voluntary deductions like retirement contributions, union dues, or health premiums don’t lower the figure, so your disposable earnings are usually higher than what hits your bank account.
Colorado’s minimum wage is $15.16 per hour in 2026, which puts 40 times the minimum wage at $606.40 per week.4Colorado Department of Labor and Employment. Labor Standards and Statistics Two examples show how the formula plays out.
If your weekly disposable earnings are $800:
- 20% of $800 is $160
- $800 minus $606.40 is $193.60
- The creditor gets the smaller number: $160 per week
If your weekly disposable earnings are $650:
- 20% of $650 is $130
- $650 minus $606.40 is $43.60
- The creditor gets $43.60 per week
And if your weekly disposable earnings are at or below $606.40, nothing can be garnished at all.
These are the rules for ordinary consumer debts. Child support and debts arising from fraudulently obtained public assistance follow stricter formulas that aren’t covered here.
How Bank Account Garnishment Works
A bank garnishment is different in character from wage garnishment. Instead of taking a slice of each paycheck over time, it is a one-time freeze on whatever balance sits in the account the day the writ arrives. The bank holds the funds while the exemption process plays out.
Colorado automatically exempts the first $2,500 across all your depository accounts.2Colorado Judicial Branch. Form 29 – Writ of Garnishment with Notice of Exemption On top of that, certain deposits are fully protected regardless of how much is in the account, including Social Security, veterans’ benefits, unemployment compensation, workers’ compensation, and public assistance payments. If exempt and non-exempt money are mixed in the same account, you’ll need to trace the protected deposits using bank statements.
Income and Property That Can’t Be Touched
Several income streams are completely off-limits to Colorado creditors: Social Security (protected by federal law), veterans’ benefits, unemployment compensation, workers’ compensation, public and private disability benefits, PERA retirement benefits, and teacher retirement fund payments.2Colorado Judicial Branch. Form 29 – Writ of Garnishment with Notice of Exemption
Colorado also protects categories of personal property under C.R.S. § 13-54-102, including a vehicle allowance (up to $15,000, or $25,000 if you or a dependent is elderly or disabled), household goods up to $6,000, and tools of your primary trade up to $60,000.5Justia. Colorado Code 13-54-102 – Property Exempt A separate homestead exemption protects equity in your primary residence from execution. None of these protections are automatic in a bank garnishment; you have to claim them.
How to Object to a Writ of Garnishment
You have 14 days from the date you receive notice of the garnishment to file a written objection or claim of exemption with the court. Miss that deadline and there is still a safety net: Colorado Rule 103 allows a late objection within 182 days of receiving the writ if you are claiming that exempt earnings were miscalculated or that exempt property was wrongly seized.6Colorado Judicial Branch. Colorado Rules of Civil Procedure Rule 103 – Garnishment
Common grounds for an objection include:
- Exempt income (Social Security, disability, and the like) was seized
- The employer or creditor used the wrong garnishment percentage or minimum wage figure
- Hardship: the amount left after garnishment is not enough to support you and your dependents, and you want the court to reduce the take
- Procedural defects in service, notice, or the underlying judgment
The court will set a hearing. You carry the burden of proof, so come with bank statements tracing exempt deposits, pay stubs showing the calculation, or a household budget if you are arguing hardship. If the court agrees, it can modify or vacate the garnishment entirely.7Justia. Colorado Code 13-54.5-105 – Notice to Judgment Debtor in Continuing Garnishment
Your Employer Cannot Fire You Over It
Under C.R.S. § 13-54.5-110, a Colorado employer cannot terminate you because your wages are being garnished. If one does, you have 91 days to sue for reinstatement, up to six weeks of lost wages, and attorney fees.8Colorado Public Law. CRS 13-54.5-110 – No Discharge from Employment for Any Garnishment That 91-day window is strict.
How Long a Writ Stays in Effect
A writ of continuing garnishment runs for 182 days, or about 26 weeks, from the date it is served on your employer.9Colorado Judicial Branch. Colorado Rules of Civil Procedure Rule 103 – Garnishment After that it expires. If the debt isn’t paid off, the creditor can file a fresh writ and start again.
The creditor can keep doing that for as long as the underlying judgment is alive. A county court money judgment lasts 6 years; a district court judgment lasts 20 years. In either venue, the creditor can petition the court for an extension before expiration.10Colorado Judicial Branch. Extending the Expiration Date of a Judgment A determined creditor with a district court judgment can pursue garnishment for decades.