Learn what creditors can legally do after they win a lawsuit against you, such as garnishing wages or putting liens on property.
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When someone wins a court case against you, the judge might decide that you owe them money. This is called a money judgment. The person you owe money to can find out what income or property you have that could be used to pay the judgment. Two common tools are interrogatories and subpoenas for appearance.
This guide explains:
- What interrogatories and subpoenas are
- What to do if you receive them
- What could happen if you ignore them
What is an interrogatory?
Interrogatories are written questions and requests for documents. A judgment creditor is the person or business that you owe money to who won the case against you. Interrogatories help the judgment creditor find out what property or income you have that might be used to pay the judgment. You must answer them truthfully and completely.
In County Court:
- The creditor can use JDF 7: Colorado Pattern Interrogatories.
- The judgment creditor can serve them directly. The clerk of the court can also mail them to you.
- The judge must approve any questions that aren’t on the form.
In District Court:
- The judgment creditor may send you written interrogatories after a final judgment.
- You have 21 days to answer.
- You must then do the following 3 steps:
- Appear before the court clerk to sign your answers under oath
- File them with the court
- Send copies and attachments to the creditor or their attorney
How are interrogatories served?
Most debt collection cases are in county court. In county court cases, the court clerk can mail interrogatories to you. The judgment creditor can also decide to personally serve you with the interrogatories.
Personal service means delivery of court papers directly to you or, in some cases, to:
- An adult family member at your home, or
- A supervisor or authorized person at your workplace.
You do not have to sign anything to be served.
How do I respond to an interrogatory?
Step 1: Answer completely and truthfully. Write full answers. Do not use abbreviations like “N/A.”
- Example: If the interrogatory asks for your employer, but you are retired, instead of “N/A,” write “I receive retirement income and do not work.”
Step 2: File your signed answers with the court.
- Contact the Self-Represented Litigant Coordinator (also known as a “Sherlock”) for help if you aren’t sure how to file.
Step 3: Mail a copy and any attachments to the judgment creditor, or their attorney if they have an attorney.
Tip:
Keep copies of everything for your records. You can do this by having a folder with all court documents, letters, and your answers. This will make it easier to show what you’ve already done if questions come up later.
What if I have an objection?
If you believe a question does not belong or shouldn’t be asked, you may be able to object.
However, there are few legal reasons for objecting. You must object during your response time. You should think about talking to an attorney if you believe you have valid objections to the questions.
Note:
An attorney can help you understand what kinds of information you can legally refuse to give.
What are the deadlines to file and mail answers?
- County Court: 14 days
- District Court: 21 days
What happens if I do not answer?
Do not ignore interrogatories. If you miss the deadline, the judge may schedule a show cause hearing so you can explain why you did not answer.
If you do not attend that hearing, the judge can issue a bench warrant for your arrest. If you are arrested, you may have to post bond before you are released.
Important!
Even if you file your answers after missing the deadline, you must still appear at any scheduled hearings to avoid the possibility of a warrant.
What happens after I submit my answers?
The creditor will review your answers to understand what property and income you have. Some types of income and property cannot be collected. This is called “exempt” property. For example, a portion of Social Security income is “exempt” from garnishment.
If you have non-exempt property, the judgment creditor may try to collect by taking money from your bank account or paycheck (this is also called garnishment).
If your property is exempt or you have no collectible income or assets, the judgment creditor may do nothing.
Many people have no collectible income or assets. You can contact an attorney to learn more.
If your answers are not complete, the judgment creditor may ask the court for help or request a subpoena for appearance.
What is a subpoena for appearance?
A subpoena requires you to go to court and sometimes bring documents to answer questions about your property or income.
Important!
You may be required to go to court in a different county. The court can order that your reasonable travel expenses are paid for by the creditor.
- The subpoena will say “Failure to Appear Will Result in Issuance of a Warrant for Your Arrest.”
- If you do not go to court when you are told, the judge may issue a bench warrant, ordering the sheriff to arrest you and bring you to court.
Important!
If you receive a subpoena, do not ignore it. Failing to go to court can lead to immediate arrest.
What else do I need to know?
- Keep your mailing address updated with the court.
- Open and read all court mail right away.
- Respond to every document you receive by the deadline.
- Keep copies of everything you file or mail.
- Always go to court when you are told.
- Contact an attorney as soon as possible if you have questions or believe some information should not be given.
Need more help?
If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.
You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.