12-1598.04. Issuance of writ of garnishment for earnings; service and return of writ; lien on nonexempt earnings

366 words·~2 min read·/az/title-12/12-1598-04

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

A. If a party in an action has been awarded a money judgment and has submitted the application provided for in section 12-1598.03, the clerk, justice of the peace or city or town magistrate shall immediately issue a writ and summons of garnishment directed to the sheriff, the constable or any officer authorized by law to serve process in the county where the garnishee is alleged to be which commands him to immediately summon the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the writ.

B. The writ shall state:

1. The amount of the outstanding balance due on the judgment, including accrued interest, attorney fees and allowable costs, as of the date of the issuance of the writ, and the rate at which interest accrues on that judgment.

2. The name and address of the garnishee or his authorized agent.

3. The name and address of the judgment creditor and his attorney, if applicable.

4. The last mailing address of the judgment debtor known to the judgment creditor.

C. The judgment creditor, in the manner required for a summons by rules of the court in civil matters, shall serve on the garnishee two copies of the writ of garnishment and summons, a copy of the underlying judgment, four copies of the answer form, two copies of the notice to judgment debtor and request for hearing form, two copies of the instructions to garnishee and four copies of the nonexempt earnings statement provided for in section 12-1598.16.

D. The judgment creditor shall deliver to the judgment debtor a copy of the writ and the initial notice to judgment debtor and request for hearing form within three days, not including weekends and holidays, after service of the summons and writ of garnishment on the garnishee. The judgment creditor shall certify in writing to the court the date and manner of delivery.

E. The caption of pleadings in connection with a writ of garnishment shall identify which party is the judgment creditor, using that term, and which party is the judgment debtor, using that term, in addition to other party designations already in the caption.