Wage garnishments r

[alind3875]

Jurisdiction

Colorado

I recently have had a garnishment start coming out of my payroll check. I was never notified. Now it's past the time on writ of garnishment for me to try and file an exempt form with court. I am the only household income. I have a wife and stepdaughter living with me. Her father hasn't paid child support in about 8 years. Can I still file for exemption??

 

[army judge]

Can I still file for exemption??

You might begin exploring a Chapter 7 Bankruptcy.

https://www.cob.uscourts.gov/sites/default/files/misc/Pro_se_guide.pdf
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Colorado Bankruptcy Means Test
If you would like to file a Chapter 7 bankruptcy you must pass the Colorado means test. The test only applies to higher income filers which means that if your income is below the Colorado median for your household size you are exempt from the test and may file a Chapter 7.

If your income is higher than the Colorado median you will need to complete the means test calculation to determine if you can pay back a portion of your unsecured debts through a Chapter 13 bankruptcy.

Means Test Exemptions
If your debts are not primarily consumer debts then you are exempt from the means test. You are also exempt from the means test if you are a disabled veteran and incurred your debt primarily during active duty or performing a homeland defense activity.

Colorado Median Income
If your currently monthly household income is less than the Colorado median income for a household of your size there is a presumption that you pass the means test and are eligible to file a Chapter 7 bankruptcy.

Your average household income is determined by averaging your monthly income over the last six calendar months. If you are over the median income limit and your income has declined over the last six months, then waiting one or more months might bring your income under the median level for Colorado. Once you determine your average monthly income you multiply that by 12 to determine your annual income for the purpose of Colorado median income test.

1 Member Household - $50,242.00
2 Member Household - $65,701.00
3 Member Household - $71,138.00
4 Member Household - $83,330.00
5 Member Household - $91,430.00
6 Member Household - $99,530.00
7 Member Household - $107,630.00
8 Member Household - $115,730.00
9 Member Household - $123,830.00
10 Member Household - $131,930.00

Means Test
If your income is over the Colorado median income for a household your size then you must complete the means test by calculating your income and expense information

You must collection some of the information needed to complete the calculation, such as your current monthly income, from your own personal records

Income includes almost all of sources of income you may have including, but not limited to, business income, rental income, interested and dividends, pensions and retirements plans, amounts paid by others for your household expenses, and unemployment income.

Much of the information related to your expenses is based on national, Colorado, and local averages and standards and comes from the Census Bureau and the Internal Revenue Service. There are some actual expenses you are allowed to include such as obligations you are legally required to pay and expenses necessary for health and welfare.

After you have collected all the required information, you subtract all of your allowed expenses for Colorado from your income to determine the amount of income under the bankruptcy law that you have available to pay your unsecured creditors in a Chapter 13 plan.

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7. If your disposable income under the means test is between $7,475 and $12,475 then you must do further calculations to determine if you have the option of filing a Chapter 7 case.

Keep in mind that just because you can file a Chapter 7 does not mean that should. Generally, a Chapter 7 bankruptcy is a better option if you are not attempting to keep secured property like home with a mortgage but you should consult with an attorney to determine your options and the best course to take.

Colorado Bankruptcy Means Test – Chapter 7?
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HB19-1189
Wage Garnishment Reform
Concerning wage garnishment reform, and, in connection therewith, reducing disposable earnings by health insurance premiums, reducing the amount that is subject to garnishment, and providing more detailed information to the judgment debtor regarding garnishment.
SESSION: 2019 Regular Session
SUBJECT: Courts & Judicial
BILL SUMMARY
Wage garnishment - disposable earnings - hardship exemption - notice - applicability. Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable weekly earnings or the amount by which an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less. The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which an individual's disposable earnings for a week exceed the state or federal minimum wage.

Currently, the cost of court-ordered health insurance for a child provided by an individual is deducted from the individual's disposable earnings subject to garnishment. The act also deducts from an individual's disposable earnings subject to garnishment the cost of any health insurance that is provided by the individual's employer and voluntarily withheld from the individual's earnings.

The act creates an exemption that would permit individuals to prove that the amount of their pay subject to garnishment should be further reduced or eliminated altogether if the individual can establish that such reductions are necessary to support the individual or the individual's family. The act also requires clearer and more timely notice to an individual whose wages are being garnished and gives the individual more time after receiving the notice before garnishment starts.

The act applies to all writs of garnishment issued on or after October 1, 2020, regardless of the date of the judgment that is basis of the writ of garnishment.


(Note: This summary applies to this bill as enacted.)


Wage Garnishment Reform | Colorado General Assembly
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You should review the information on these sites:

Colorado Judicial Branch - Self Help - Garnishment of Wages - Forms
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https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=14
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[adjusterjack]

I recently have had a garnishment start coming out of my payroll check. I was never notified.

According to this court form:

Form26SC.pdf (state.co.us)

Your employer was required "To deliver a copy of this Writ, together with the Calculation of the Amount of Exempt Earnings, and a blank Objection to Calculation of the Amount of Exempt Earnings form, and an Explanation Of Wage Garnishment In Colorado to Judgment Debtor on the same day the copy of this Writ and Calculation of the Amount of Exempt Earnings are sent to Judgment Creditor."

And "If you determine that the judgment debtor is your employee and the Writ of Continuing Garnishment contains all required information, you are required to send the judgment debtor this Writ of Continuing Garnishment and the document attached to it titled "EXPLANATION OF WAGE GARNISHMENT IN COLORADO" on the same day that you send your answer to this Writ of Continuing Garnishment to the judgment creditor

If you can prove, not just say, that your employer did not follow the process, you may be able to get the garnishment quashed.

But that would only be temporary until the judgment creditor and your employer got it right.

I have a wife and stepdaughter living with me. Her father hasn't paid child support in about 8 years.

That's your wife's problem. She should be going after her ex tooth and nail for what he owes her

As for filing for an exemption I don't see anything on this form:

______________________County, Colorado (state.co.us)

With a time limit for filing it.

 

[alind3875]

I never received it until I noticed a garnishment line item on my check stub. I had to ask my employer for the info on who was garnishing me. Should the garnishee be my employer and not me. Listed on the court paperwork? Just curious, and thanks for your response.

 

[Tax Counsel]

I recently have had a garnishment start coming out of my payroll check. I was never notified.

It matters what type of debt is involved here. However, in general if you can convince the court the creditor never properly served you you may succeed in getting the court to set aside the order and review your circumstances to see if you qualify for a lower garnishment amount.

 

[Tax Counsel]

Should the garnishee be my employer and not me. Listed on the court paperwork?

Yes. The employer was the one served with the garnishment order and has the obligation to turn over the funds as specified in the order. That makes the employer the garnishee.