12-1584. Judgment against garnishee; objection; hearing

273 words·~1 min read·/az/title-12/12-1584

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

A. In a garnishment of monies or indebtedness, if the answer shows that the garnishee was indebted to the judgment debtor at the time of service of the writ, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall enter judgment on the writ against the garnishee for the amount of the nonexempt monies of the judgment debtor owed or held by the garnishee at the time of service of the writ.

B. If a timely objection is filed the court, after hearing evidence and argument, shall determine whether the writ is valid against the judgment debtor, what amount is presently due and owing on the underlying judgment and what amount of nonexempt monies, if any, the garnishee was holding for or owed to the judgment debtor at the time the writ was served, and the court shall enter judgment on the writ against the garnishee for that amount or enter an order discharging the garnishee if no nonexempt monies are determined owing.

C. The judgment creditor shall deliver a copy of the judgment on the writ against the garnishee to the garnishee and the judgment debtor, and on receipt of a copy of the judgment entered by the court the garnishee shall immediately transfer the adjudged nonexempt monies to the judgment creditor.

D. A judgment pursuant to subsection A or B shall not be for more than the amount of the outstanding balance of the underlying judgment, including accrued interest and costs and attorney fees, if awarded.

E. The court, sitting without a jury, shall decide all issues of fact and law.