13-812. Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

202 words·~1 min read·/az/title-13/13-812

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

A. After a hearing on an order to show cause pursuant to section 13-810, subsection A or B or after a hearing on a petition to revoke probation, the court may issue a writ of criminal garnishment for any fine, surcharge, fee, assessment, restitution or incarceration costs.

B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, surcharge, fee, assessment, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:

1. The defendant's earnings as defined in section 12-1598.

2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.

3. Monies that are held by a garnishee on behalf of a defendant.

4. The defendant's personal property that is in the possession of a garnishee.

5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.

6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.