5-5-105. No garnishment before judgment.

Statute text

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.

History

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

Annotations

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

Annotations

 

ANNOTATION

Annotations

Shares of common stock debtor purchased through an employee stock purchase plan are not exempt earnings pursuant to this section and 13-54-104. In re Kramer, 339 B.R. 761 (Bankr. D. Colo. 2006).