12-1598.03. Application for writ of garnishment for earnings

259 words·~1 min read·/az/title-12/12-1598-03

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 state the following:

1. That the judgment creditor is a party in an action to whom a money judgment has been awarded.

2. That the judgment creditor has made demand on the judgment debtor for payment of the amount adjudged due, but the judgment debtor has not paid that amount and the judgment debtor has not agreed and continued to pay the nonexempt portion of the judgment debtor wages until the judgment is satisfied.

3. The amount of the outstanding balance due on the judgment on the date that the application is made, together with interest, accrued attorney fees, including fees for the garnishment, if allowed by the judgment or contract and allowable costs, is that amount stated on the application.

4. That the garnishee is believed to be an employer of the judgment debtor or otherwise owes or will owe to the judgment debtor disposable earnings.

5. The name and address of the garnishee or the garnishee's authorized agent.

6. That the judgment creditor has not received notice of the judgment debtor's intent to enter into an agreement for debt scheduling with a qualified debt counseling organization or, if such a notice has been received, that the judgment creditor timely objected, in writing, to the judgment debtor's participation in such an agreement or that the judgment creditor has been notified that the agreement is no longer effective.