How much of my wages can be garnished in Colorado?

Question

Accepted Answer

Colorado tightened its garnishment law via HB 20-1162, effective October 2020, lowering the percentage and raising the floor.

1. Federal Floor

15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week).

2. Colorado Rule

Colo. Rev. Stat. § 13-54-104(2)(a)(I) caps ordinary garnishment at the lesser of:

20% of disposable weekly earnings; or

The amount by which disposable earnings exceed 40 times the state minimum hourly wage (adjusted for the workweek length).

Colorado's 2026 state minimum is $14.81/hr — floor ~$592/week. Denver and other localities have higher minimums that raise the floor further per § 13-54-104(2)(a)(II).

3. Special Categories

Child/spousal support: Up to 50-65% under 15 U.S.C. § 1673(b) and Colo. Rev. Stat. § 14-14-111.5 (Income Assignment).

IRS levy: 26 U.S.C. § 6334.

Federal student loans: 15% under 20 U.S.C. § 1095a.

State tax: Colo. Rev. Stat. § 39-21-114 — Department of Revenue notice and demand, wage withholding.

4. Head-of-Household Exemption

No separate head-of-household exemption, but the 40× state-min-wage floor protects low- and middle-income workers.

5. Process

Creditor obtains judgment, files Writ of Continuing Garnishment under C.R.C.P. 103 (district court) or county court equivalents. Writ runs for 182 days (about 6 months) per § 13-54.5-105. Employer must serve debtor with Calculation of Exempt Earnings; debtor may file written objection within 14 days.

6. Multiple Garnishments

Support orders have priority. Only one continuing garnishment satisfies at a time under § 13-54.5-105(2); subsequent writs queue.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 prohibits firing for a single garnishment. Colo. Rev. Stat. § 13-54-104(3) echoes this with statutory penalties.

8. Bank Garnishment vs Wage Garnishment

Writ of Garnishment with Notice of Exemption and Pending Levy under § 13-54.5-103 reaches bank accounts. Colo. Rev. Stat. § 13-54-102(1)(s) exempts $300 in any deposit account, plus federal benefit protections under 31 C.F.R. Part 212.

This is legal information, not legal advice.