12-1598.11. Continuing lien procedure; nonexempt earnings statement

235 words·~1 min read·/az/title-12/12-1598-11

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

A. An order of continuing lien on nonexempt earnings entered pursuant to this article requires the garnishee to continue to withhold the nonexempt earnings of the judgment debtor for as long as the continuing lien remains in effect.

B. Beginning with the pay period during which the writ was served, and while the continuing lien remains in effect, for each pay period the garnishee shall do the following:

1. Complete the nonexempt earnings statement.

2. Deliver the nonexempt earnings statement to the judgment debtor with his exempt earnings for that pay period.

3. At the same time deliver a copy of the nonexempt earnings statement to the judgment creditor or his attorney.

C. After the entry of an order of continuing lien pursuant to section 12-1598.10, and for each pay period thereafter, the garnishee shall deliver the nonexempt earnings to the judgment creditor or his attorney, together with the nonexempt earnings statement.

D. Neither the original nor a copy of the nonexempt earnings statement shall be filed with the court unless an objection to the amount withheld, if any, is timely filed by a party.

E. The judgment creditor shall deliver to the garnishee sufficient copies of the appropriate nonexempt earnings statement and request for hearing forms so that the garnishee is able to comply with the requirements of this section, unless the judgment creditor is advised that the garnishee will supply his own forms.