13-818. Order on writ of garnishment for money or property
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/az/title-13/13-818A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. If the garnishee's answer shows that the garnishee holds indebtedness or monies of the defendant, the court shall enter an order of criminal garnishment that requires the garnishee to immediately transfer the indebtedness or monies to the victim or to the court, the clerk of the court or the prosecuting attorney who is named in the writ of garnishment.
B. If the garnishee's answer shows that the garnishee holds personal property or stock of the defendant, the court shall enter an order against the garnishee to hold the personal property or stock of the defendant pending service of a writ of special execution pursuant to section 12-1554.
C. The party who obtains the writ of garnishment shall deliver a copy of the order on the writ to the garnishee and the defendant.
D. An order that is entered pursuant to subsection A or B of this section shall not order more money, stocks or property transferred than is reasonably necessary to satisfy the amount of the outstanding balance of the underlying criminal restitution order.
E. A bank deposit made in the name of two or more persons is subject to garnishment pursuant to section 12-1595, except that "judgment creditor" includes a victim or the court, the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and "judgment debtor" includes a criminal defendant.