12-1593. Contempt proceedings

631 words·~3 min read·/az/title-12/12-1593

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

A. If the judgment creditor fails to comply with any duty imposed upon him by this article, the court shall, upon petition of any party to the proceedings affected by such failure and after notice, hold a hearing to determine whether such failure to comply, if any, was occasioned by mistake, inadvertence or excusable neglect. If the court determines that any failure to comply was not the result of mistake, inadvertence or excusable neglect, the court shall find the judgment creditor in contempt and shall award the petitioner all of the following:

1. An amount to compensate for actual losses, if any, caused by the failure to comply.

2. Reasonable attorney fees, if the petitioner was represented by an attorney at such hearing.

3. Court costs.

4. An additional amount of not less than one hundred nor more than one thousand dollars.

B. If a bank, savings and loan association or credit union refuses to keep free from a writ of garnishment a total of one hundred fifty dollars in one or more of the accounts subject to the writ for each judgment debtor who has an interest in the account, or if a garnishee fails after a written notice and a thirty day grace period to comply with the terms of a judgment or order entered pursuant to section 12-1584 or 12-1585, unless that judgment or order is stayed or has expired, the judgment debtor may petition the court for relief.

The court shall, after notice, hold a hearing to determine if such refusal or failure, if any, was wilful or the result of gross negligence. If the court determines that the refusal or failure was wilful or the result of gross negligence the court shall find the bank, savings and loan association, credit union or other garnishee in contempt and shall award the judgment debtor all of the following:

1. An amount to compensate for actual losses, if any, caused by the refusal or failure.

2. Reasonable attorney fees, if the judgment debtor was represented by an attorney at such hearing.

3. Court costs. The court may award the judgment debtor an additional amount of not to exceed four hundred dollars.

C. If a garnishee fails, after a written notice and a thirty day grace period, to comply with the terms of a judgment or order entered pursuant to section 12-1584 or 12-1585, unless that judgment or order is stayed or has expired, the judgment creditor may petition the court for relief. The court shall, after notice, hold a hearing to determine if such failure, if any, was wilful or the result of gross negligence. If the court determines that the failure was wilful or the result of gross negligence, the court shall find the garnishee in contempt and shall award the judgment creditor all of the following:

1. An amount to compensate for actual losses, if any, caused by the failure.

2. Reasonable attorney fees, if the judgment creditor was represented by an attorney at such hearing.

3. Court costs. The court may award the judgment creditor an additional amount of not to exceed four hundred dollars.

D. If after conducting a hearing required by subsection A, B or C of this section, the court determines that a petition filed pursuant to subsection A, B or C of this section is without merit, the court may award reasonable attorney fees to any party adversely affected by the petition, if the party adversely affected was represented by an attorney at such hearing.

E. A party may request the court to order the relief set forth in subsection A, B, C or D of this section in the case which is the basis of the garnishment.

F. This section does not restrict a party from pursuing any common law remedies.