How to Serve a Writ of Garnishment in Colorado (C.R.C.P. Rule 103 Guide)

In Colorado, post-judgment wage and bank garnishments are governed by C.R.C.P. Rule 103 (District Court), Rule 403 (County Court), and C.R.S. § 13-54.5-101 et seq. Unlike states that require a County Sheriff to serve bank levies or wage garnishments, Colorado law explicitly allows any disinterested private process server over 18 to serve both the Garnishee (the employer or bank) AND the Judgment Debtor's Notice of Levy/Exemption.

1. Private Process Server Authority Under C.R.C.P. Rule 103

Winning a money judgment in Colorado District, County, or Small Claims Court is only half the battle; collecting that judgment typically requires serving a Writ of Garnishment. A major advantage of Colorado civil procedure is that C.R.C.P. Rule 103 (and County Court Rule 403) authorizes any person over the age of 18 who is not a party to the action to serve all forms of Writs of Garnishment in accordance with C.R.C.P. Rule 4.

Why does this matter for judgment creditors and collection attorneys? When you serve a bank account levy (Writ of Garnishment with Notice of Exemption and Pending Levy, Form JDF 29), timing is everything. The garnishment lien attaches the exact minute the Writ is served on the bank or its registered agent. Waiting 10 business days for a County Sheriff's Civil Unit gives a judgment debtor ample time to drain their checking account.

2. Serving Wage Garnishments: Writ of Continuing Garnishment (Form JDF 26)

Under C.R.C.P. Rule 103, Section 1 and C.R.S. § 13-54.5-102, a Writ of Continuing Garnishment (Form JDF 26) is used exclusively to garnish an individual debtor's disposable earnings from their employer for a continuous 182-day (6-month) period.

To serve a Writ of Continuing Garnishment properly, two copies of the issued Writ (together with blank Calculation of the Amount of Exempt Earnings forms, JDF 27, and Objection to Calculation forms, JDF 28) are served upon the Garnishee (the employer) under C.R.C.P. Rule 4. If the employer is a national corporation with payroll processed out of state, our servers deliver the Writ directly to the employer's Colorado commercial registered agent (such as CT Corp in Centennial or CSC in Littleton). If the employer is a local Colorado company, we serve the company's registered agent, officer, or payroll/HR manager.

Under Rule 103, Section 1(g), the employer is then legally required to deliver a copy of the Writ and calculation forms to the judgment debtor at the time the debtor's first garnished paycheck is issued.

3. Serving Bank Levies: Two-Step Service Under C.R.C.P. Rule 103, Section 2

When garnishing a personal bank account, non-wage credit receivable, or rent payment owed to an individual judgment debtor, you use a Writ of Garnishment with Notice of Exemption and Pending Levy (Form JDF 29) under C.R.C.P. Rule 103, Section 2.

Colorado strictly enforces a two-step service sequence for Form JDF 29 bank levies:

• Step 1 — Serve the Garnishee (Bank/Financial Institution) FIRST: Our process server serves the Writ (Form JDF 29) and blank Answer forms on the bank branch officer or the bank's Colorado registered agent. The moment the bank is served, any non-exempt funds in the debtor's account are immediately frozen.

• Step 2 — Serve the Judgment Debtor SECOND: Only AFTER the bank has been served (so the debtor cannot withdraw the funds in advance), a copy of the Writ of Garnishment with Notice of Exemption and Pending Levy (plus a blank Notice of Claim of Exemption form, JDF 30) must be served upon the individual Judgment Debtor! Under Rule 103, Section 2(d)(2), notice to the debtor may be served personally under Rule 4(e) or by certified mail, return receipt requested. Once served, the debtor has 14 days to file a written Claim of Exemption.

4. Corporate Judgment Debtors (Form JDF 32)

If your judgment is against a business entity (an LLC or corporation) rather than a natural person, the entity has no personal statutory exemptions. Therefore, you use a Writ of Garnishment — Judgment Debtor Other Than Natural Person (Form JDF 32) under C.R.C.P. Rule 103, Section 4, which requires serving only the Garnishee bank or customer—no exemption notice to the corporate debtor is required.

5. Post-Service Garnishment Deadlines & Traversing Garnishee Answers

After our process server serves a Writ of Garnishment under C.R.C.P. Rule 103, keep close track of the statutory post-service deadlines: For a bank levy (Form JDF 29), once the bank is served and the Judgment Debtor is served with the Notice of Exemption and Pending Levy, the debtor has 14 days from service of the notice to file a written Claim of Exemption (Form JDF 30) with the court. If no exemption claim is filed within 14 days after the garnishee files its Answer showing funds held, the court orders the bank to disburse the frozen funds to the judgment creditor.

If a garnishee employer or bank fails to file a timely Answer within the deadline specified on the Writ, your GPS-verified Return of Service provides the mandatory proof required to enter default proceedings against the garnishee under C.R.C.P. Rule 103, Section 7.

Frequently Asked Questions