Colo. Rev. Stat. » Title 5
Colorado Revised Statutes

Colo. Rev. Stat. § 5-5-105 (2024)

No garnishment before judgment

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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Prior to entry of judgment in an action against the consumer for debt arising from a consumer credit transaction, the creditor may not replevin goods, except motor vehicles, of the consumer with the use of force from a dwelling upon an ex parte order of court or attach unpaid earnings of the consumer by garnishment or like proceedings.

Source: L. 2000: Entire article R&RE, p. 1234, § 1, effective July 1.

Editor's note: This section is similar to former § 5-5-104, as it existed prior to 2000.

Notes of Decisions
Cited in 7 cases, 1977–2006 · leading case: In re the Marriage of McCue, 645 P.2d 854 (Colo. Ct. App. 1982).
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In re the Marriage of McCue, 645 P.2d 854 (Colo. Ct. App. 1982). · cites it 3× “An order entered pursuant to § 14-10-118(1), C.R.S.1973, providing for assignment of earnings, is analogous to a garnishment and should be governed by applicable limitations on garnishment.”
Rios v. Mireles, 937 P.2d 840 (Colo. Ct. App. 1996). · cites it 3× “” / Section 5-5-105(l)(a), C.R.S. (1992 Repl.”
Olson v. Stone, 573 P.2d 98 (Colo. 1977). · cites it 3× “§ 1673 and section 5-5-105, C.R.S. 1973, permits the *396 garnishment of $148.”
In re Kramer, 339 B.R. 761 (Bankr. D. Colo. 2006). · cites it 2× “Colo.Rev.Stat. § 5-5-105 provides: Prior to entry of judgment in an action against the consumer for debt arising from a consumer credit transaction, the creditor may not replevin goods, except motor vehicles, of the consumer with the use of force from a dwelling upon an ex parte…”
In re Parrish, 19 B.R. 331 (Bankr. D. Colo. 1982). “----|-------------------------------------------|---------------------------- Homestead sale proceeds (for 1 year) | $20,000 | CRS 38-41-207 | (cannot be commingled) |…”
Bernstein v. Richardson, 34 B.R. 611 (Bankr. D. Colo. 1983). “Since the Debtor is entitled to an exemption pursuant to C.R.S. 5-5-105 and 13-54-104 (1973) of 75 percent of unpaid wages, the Trustee believes thé Debtor should pay to the estate $579.”
State ex rel. Salazar v. Cash Now Store, Inc., 12 P.3d 321 (Colo. Ct. App. 2000). · cites it 2× “The exclusion of withheld income taxes from the definition of "disposable earnings," see § 5-5-105(1)(a), C.R.S.1999, does not compel the conclusion that overpaid taxes subject to refund constitute "earnings" under the statute.”
Colo. Rev. Stat. § 5-5-105(1)(a): 1 case
State ex rel. Salazar v. Cash Now Store, Inc., 12 P.3d 321 (Colo. Ct. App. 2000). “The exclusion of withheld income taxes from the definition of "disposable earnings," see § 5-5-105(1)(a), C.R.S.1999, does not compel the conclusion that overpaid taxes subject to refund constitute "earnings" under the statute.”
Colo. Rev. Stat. § 5-5-105(2): 1 case
In re the Marriage of McCue, 645 P.2d 854 (Colo. Ct. App. 1982). “An order entered pursuant to § 14-10-118(1), C.R.S.1973, providing for assignment of earnings, is analogous to a garnishment and should be governed by applicable limitations on garnishment.”
Colo. Rev. Stat. § 5-5-105(l)(a): 1 case
Rios v. Mireles, 937 P.2d 840 (Colo. Ct. App. 1996). “” / Section 5-5-105(l)(a), C.R.S. (1992 Repl.”
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