In any action before the court in which a garnishee incurs attorney fees in excess of the cost of preparing and filing his answer, the court may order that the costs of the proceeding, mileage fees as a witness, and reasonable attorney fees be paid to the garnishee when the court finds that the bringing, maintaining, or defense of the action involving the garnishee was frivolous, groundless, or without reasonable basis. The award of costs and fees may be allocated among the parties as the court deems just.
Source: L. 83: Entire section added, p. 616, § 1, effective May 20.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 16 - Costs - Civil Actions
§ 13-16-101. Security for Costs
§ 13-16-102. Motion to Require Cost Bond
§ 13-16-103. Costs of Poor Person
§ 13-16-104. When Plaintiff Recovers Costs
§ 13-16-105. When Defendant Recovers Costs
§ 13-16-106. Costs in Replevin
§ 13-16-107. Costs on Motion to Dismiss
§ 13-16-108. When Several Matters Pleaded
§ 13-16-109. Costs on Several Counts
§ 13-16-110. When Several Defendants
§ 13-16-111. Recovery of Costs of Suit
§ 13-16-112. Number of Witness Fees Taxed
§ 13-16-113. Costs Upon Dismissal or Summary Judgment
§ 13-16-115. In Suit for Use of Another
§ 13-16-116. Costs in Adverse Suit
§ 13-16-117. On Appeal From Decisions in Probate
§ 13-16-118. Clerk to Tax Costs
§ 13-16-119. Costs Retaxed - Forfeit by Clerk
§ 13-16-120. Fee Bill - Precept - Levy and Return
§ 13-16-122. Items Includable as Costs
§ 13-16-123. Award of Fees and Costs to Garnishee