12-1572. Application for writ of garnishment for monies or property

208 words·~1 min read·/az/title-12/12-1572

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person on the judgment creditor's behalf makes an application in writing. The application shall contain the following:

1. A statement that the applicant is a judgment creditor.

2. A statement that the applicant has good reason to believe one of the following:

(a)That the garnishee is indebted to the judgment debtor for monies that are not earnings.

(b)That the garnishee is holding nonexempt monies on behalf of the judgment debtor.

(c)That the garnishee has in the garnishee's possession nonexempt personal property belonging to the judgment debtor.

(d)That the garnishee is a corporation and the judgment debtor is the owner of shares in the corporation, or has a proprietary interest in the corporation.

3. The amount of the outstanding balance due on the underlying judgment, together with interest, accrued attorney fees, including fees for the garnishment, if allowed by the judgment or contract and accrued allowable costs, on the date the application is made, and the rate at which interest accrues on that judgment, or if no judgment has been entered, the amount of money damages requested in the judgment creditor's complaint.

4. The address of the garnishee.