Colorado § 13-54.5-103 - Property or earnings subject to garnishment.
Full text of Colorado Colorado Revised Statutes § 13-54.5-103 — Property or earnings subject to garnishment., with citation guidance and answers to common questions.
§ 13-54.5-103. Property or earnings subject to garnishment.
(1) Repealed.
(2) Any indebtedness, intangible personal property, or tangible personal property capable of manual delivery, other than earnings, owned by the judgment debtor and in the possession and control of the garnishee at the time of service of the writ of garnishment upon the garnishee shall be subject to the process of garnishment.
(3) Notwithstanding the provisions of subsection (2) of this section, the exemptions from garnishment required or allowed by law, including but not limited to exemptions provided by sections 13-54-102 and 13-54-104 and 15 U.S.C. sec. 1671 et seq., apply to all garnishments.
Source: L. 84: Entire article added, p. 470, § 1, effective January 1, 1985. L. 96: (1) amended, p. 621, § 30, effective July 1. L. 2019: (1) repealed and (3) amended, (HB 19-1189), ch. 214, p. 2224, § 2, effective August 2.
ANNOTATION
Not federally guaranteed student loan. Moneys in student's bank account, which are proceeds of federally guaranteed student loan, are not garnishable pursuant to a judgment based on antecedent business debt of student. Schaerrer v. Westman Comm'n Co., 769 P.2d 1058 (Colo. 1989).
Judgment debtor's right to annual discretionary disbursement of the corpus of a trust is not a garnishable asset. The right to annual disbursement of funds from principal is a power of appointment, and a power of appointment is neither property nor a property right. Univ. Nat'l Bank v. Rhoadarmer, 827 P.2d 561 (Colo. App. 1991).
Foreclosure sale excess proceeds may be garnished. TCF Equip. Fin. v. Pub. Trustee, 2013 COA 8, 297 P.3d 1048.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 13-54.5-103
What does Colorado Revised Statutes § 13-54.5-103 cover?
Section 13-54.5-103 ("Property or earnings subject to garnishment.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-54.5-103?
A common citation format is "Colorado Revised Statutes § 13-54.5-103" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-54.5-103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.