Form 34SC, Notice of Levy, is a Colorado court form, published by the Colorado Judicial Branch, that notifies a judgment debtor that personal property is being held or taken under a Writ of Garnishment in Aid of Writ of Attachment. It also tells the debtor about exempt property and the 14-day limit for claiming an exemption, and it carries a Return of Service for the person who delivers it. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the Colorado Judicial Branch.
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What is 34SC?
Form 34SC, Notice of Levy, is the Colorado court form that tells a judgment debtor that personal property owned by or owed to them is being held or taken under a Writ of Garnishment in Aid of Writ of Attachment to pay the plaintiff's claim.
The form is issued inside a court case. Its caption names the court (District Court or County Court), the county, the court address, the plaintiff(s), the defendant(s), the case number, and the division and courtroom. A blank area lists the personal property being held or taken, and the Clerk of Court or a Deputy Clerk dates it.
Its main purpose is to inform the debtor of legal rights. It explains that some money or property is "exempt property" and cannot be taken, gives a partial list of exempt property with the Colorado and federal statutes that protect it, and says the debtor must file a written claim of exemption with the Clerk of the Court within 14 days of receiving the notice. For a writ that results from a judgment for child support arrearages or child support debt, the form says the only exemptions that may be claimed are those in Section 13-54-104(3), C.R.S.
The second part of the form is a Return of Service. The person who serves the notice declares under oath how, when and where it was delivered.
The printed form identifier is FORM 34SC R10-12. It is published among the court forms of the Colorado Judicial Branch.
Who needs to file 34SC?
The form is directed to the judgment debtor(s) whose personal property, or money owed to them, is being held or taken under a Writ of Garnishment in Aid of Writ of Attachment to pay the claim of the plaintiff(s) named in the caption.
Others who handle the form:
- Clerk of Court or Deputy Clerk: the notice carries a date line and a Clerk of Court/Deputy Clerk signature line.
- Person who serves the notice: the Return of Service must be completed by someone who declares under oath to be 18 years or older and not a party to the action. The form provides for service by a private process server or by a sheriff of a named county.
- Judgment debtor: if any of the property held is exempt, the debtor files a written claim of exemption with the Clerk of the Court, describing the property and the reason it is exempt.
Limits stated on the form: when the writ results from a judgment for child support arrearages or child support debt, only the exemptions in Section 13-54-104(3), C.R.S., may be claimed. The form does not say who prepares the caption or the description of the property.
When to file 34SC
The notice is used when a Writ of Garnishment in Aid of Writ of Attachment has been issued by the Clerk of the Court and property is being held or taken. The form carries the Clerk's date.
The deadline that matters most runs against the judgment debtor: a written claim of exemption must be filed with the Clerk of the Court within 14 days of receiving the Notice of Levy. The form warns that failing to file within 14 days waives the right to file.
The Return of Service records when service happened (date and time). If the server could not locate the debtor, the return states the number of attempts and the date on which the return is made to the Judgment Creditor. The form prints no other deadline for completing or returning it.
How to fill out 34SC
Mark the court and county
At the top, check District Court or County Court and write the county name on the line before "County, Colorado."
Enter the court address
Write the court address in the caption. Leave the "COURT USE ONLY" box for the court.
Name the parties and case
Enter the Plaintiff(s) and Defendant(s), the Case Number, and the Division and Courtroom.
Describe the property held or taken
On the lines under "The personal property being held or taken is:" list the personal property owned by the judgment debtor or owed to the debtor.
Add the date and Clerk signature
The "Dated" line and the Clerk of Court/Deputy Clerk signature line close the notice; they are completed by the Clerk or Deputy Clerk.
Start the Return of Service
Write the Judgment Debtor's Name and the Case Number at the top of the Return of Service.
Record who was served and where
Enter the name of the party served, the county and state, the date and time, and the location of service.
Check the method of service
Check one box: handed to the judgment debtor, left with a designated person (C.R.C.P. 4(e)), unable to locate after a stated number of attempts, or refused service. Fill in the names, dates and number of attempts the box asks for.
Identify the server
Check Private process server or Sheriff and write the sheriff's county if applicable. Enter any fee and mileage the form asks for.
Sign, print name and notarize
The server signs and prints their name. Complete the notary or clerk block with county, state, date and commission expiration, unless a sheriff or deputy served.
Review and download the completed PDF
Check the caption, property description, dates and service details, then download or print the completed PDF from FillingPDF and deliver it through the channels described under How to submit.
How to submit 34SC
Form 34SC is delivered to the judgment debtor by service, and the debtor answers it by filing a claim of exemption with the Clerk of the Court. The form prints no mailing address or portal of its own; the court's address is entered in the caption.
- Service on the debtor: the Return of Service lists the ways service is recorded: handing the notice to the judgment debtor, leaving it with a person designated to receive service because of a legal relationship with the debtor as provided in C.R.C.P. 4(e), an attempt that failed because the debtor could not be located, or an attempt where the person refused service. The server is either a private process server or a sheriff of a named county.
- Sworn return: the server signs the declaration. A notary public or clerk completes the "Subscribed and affirmed, or sworn to before me" block; the form notes this is not required for service by a sheriff or deputy.
- Claim of exemption: the debtor files it in writing with the Clerk of the Court within 14 days of receiving the notice.
The Return of Service has lines for the sheriff's fee and mileage; ask the court or the sheriff's office for current amounts. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the District Court or County Court box and the county name blank in the caption, so the notice does not show which court issued it.
- Skipping the description of the personal property being held or taken; the form has lines for it.
- Having a party to the action serve the notice; the declaration says the server is 18 years or older and not a party.
- Checking more than one service method; the Return of Service says to check one.
- Marking the failed-attempt box without the number of occasions and the date the return is made to the Judgment Creditor.
- Omitting the notary or clerk block when a private process server serves; the form excuses it only for service by a sheriff or deputy.
- Filing a claim of exemption later than 14 days after receiving the notice; the form says that is a waiver of the right to file.
- Assuming any exemption can be claimed against a child support judgment; the form allows only those in Section 13-54-104(3), C.R.S.
Frequently asked questions
What is a Form 34SC Notice of Levy in Colorado?
It is a Colorado court form telling a judgment debtor that personal property is being held or taken under a Writ of Garnishment in Aid of Writ of Attachment to pay the plaintiff's claim. It also explains exempt property and includes a Return of Service.
How long do I have to claim an exemption after getting a Notice of Levy?
You have 14 days after receiving the notice to file a written claim of exemption with the Clerk of the Court, describing the money or property and why it is exempt. The form states that not filing within 14 days waives your right to file.
Does the Notice of Levy list all exempt property?
No. The form calls its list a partial list. It cites statutes for items such as earnings, workers' compensation, unemployment compensation, and Social Security benefits, and suggests you consult a lawyer. It mentions legal aid listings if you cannot afford one.
Can I claim any exemption if the writ comes from a child support judgment?
Only the exemptions in Section 13-54-104(3), C.R.S. The form states that no other exemption may be claimed for a writ resulting from a judgment for child support arrearages or child support debt.
Who can serve a Notice of Levy?
The Return of Service is signed by a person 18 years or older who is not a party to the action. The form provides check boxes for a private process server or a sheriff of a named county.
Does the Return of Service have to be notarized?
Not when a sheriff or deputy serves. The form notes that the notary or clerk acknowledgment is not required for service by a sheriff or deputy; the block is otherwise completed with county, state, date and commission expiration.
Can I fill out Form 34SC online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file or serve the notice; service and any court filing follow the court's channels.
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