Full question:
My husband, Josh, was involved in a motorcycle accident . The motorcycle was uninsured and the property of his friend, Sean. Josh did not have insurance under his own name either. Sean is now suing my husband for $7000 in damages to the bike in small claims court and is "requesting" that Josh's wages be garnished. What is the maximum percent that can be garnished from Josh's check and is there anything we can do to lower the $7000 that is being asked? I know that Sean has made after market purchases on a couple of parts for the bike.
- Category: Debts and Credit
- Subcategory: Garnishment
- Date:
- State: Colorado
Answer:
In Colorado, the maximum amount that can be garnished from wages is twenty-five percent of disposable earnings for each workweek. However, if the individual is supporting a spouse or dependent child, the maximum is fifty percent. For those who are single and not supporting anyone, it is sixty percent (Colo. Rev. Stat. § 13-54-104).
Disposable earnings are what remains after legally required deductions, such as taxes. The law also allows garnishment based on the amount exceeding thirty times the federal minimum hourly wage, whichever is less.
To potentially lower the $7000 amount Sean is asking for, you may want to gather evidence regarding the motorcycle's aftermarket parts and their value. This information could be used to negotiate a lower amount or contest the damages claimed. Consulting a local attorney for specific legal advice and assistance is highly recommended.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.