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Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1055
Experience:  Attorney-at-Law
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I am in the state of Colorado and due to a criminal case the

Customer Question

I am in the state of Colorado and due to a criminal case the defendant was ordered to pay restitution to me in 2002. The defendant failed to make payments for 10 years but the courts would not assist me in the collections nor the collections department in the Denver county courts. I have decided to collect myself and filed a notice of intent to collect asking the courts to ceases their efforts. However, the defendant has set up a payment plan and now I have been told that I can not collect if he is making payments. The amount owed is $17,000.00 and at 12% interest and $100 payments he will never make a dent. Is it true that one he is on a payment plan that I can not collect and issue a writ of garnishment?
Submitted: 1 year ago.
Category: Legal
Expert:  Thelawman2 replied 1 year ago.

There is no limit in Colorado on your garnishment of their wages because they have entered into a payment plan. The only possible obstacle is whether the $100 is hitting the wage garnishment limits found in the law, which I seriously doubt. Federal law permits creditors to garnish the lesser of:

  • 25% of your disposable earnings, or
  • The amount of your disposable earnings that exceeds 30 times the current federal minimum wage. (As of July 2012, federal minimum wage is $7.25 per hour, which means that creditors can garnish any disposable income beyond $217.50 per week.)
Expert:  Thelawman2 replied 1 year ago.

Not sure if you are already familiar with the process, but the Colorado courts provide the following guide to help you with the process: https://www.courts.state.co.us/Self_Help/Forms/PDF/jdf82.pdf

Customer: replied 1 year ago.
Thank you..thelawman2. Probably the best $35 I've spent and I've already paid my attorney $500. The court clerks state they gave my intent to collect and writ of garnishment to the judge who instructed them to give it to the collection manager. She is the one that stated they will not collect of payment plan is in place. Would I ask to speak to her boss, the state court administrator, or the chief of staff? What are my rights to get the intent filed and execute the writ?
Customer: replied 1 year ago.
In addition, I've been making the calls to the courts NOT my attorney
When ive asked my attorney, he stated he could file it again at my cost, I could ask for a hearing again at my cost, or I can let the courts continue to collect which has been fruitless. I feel he should be contacting the courts to resolve the issue. As a client, who would I talk to to have my interest represented? Do I talk to a partner of the firm? I've already paid the firm 500, and don't know how to get the attention my case needs.
Expert:  Thelawman2 replied 1 year ago.

What you can do is take the writ of garnishment and serve on the garnishee, presumably the employer of the person that you have the judgment against. That way, you can avoid going through this collection manager.

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