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.
ANNOTATION
Attorney fees may be awarded under either this section or C.R.C.P. 103 or C.R.C.P. 8 without a finding that the actions of the party against whom the award is entered were frivolous or groundless. Law Offices of Quiat v. Ellithorpe, 917 P.2d 300 (Colo. App. 1995).