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Garnishment Earnings Packet - Arizona
| Garnishment Earnings Packet Form. This is a Arizona form and can be used in Garnishment Justice Court Maricopa Local County . |
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Maricopa County Justice Courts, State of Arizona FILING A GARNISHMENT (EARNINGS) The cost for issuing a Writ of Garnishment is $22.00. The garnishment packet contains the following forms. Each form comes with instructions. Read all instructions carefully. Form # Form Name Introduction to Garnishment Earnings Process Checklist for the Judgment Creditor Application for Writ of Garnishment Writ of Garnishment and Summons Application for Continuing Lien Order of Continuing Lien (this form is not included in your packet, but will be generated by the court in association with the filing of an Application for Continuing Lien) Overview of Form Use each form is necessary for use at different steps during the garnishment process. For your information. Read carefully. For your information. Follow the Process Checklist for details of the garnishment process. Filed with the Court to begin the garnishment process Presented to the Court to issue and served on both the Judgment Debtor and the Garnishee You will need to file this with the court at a later time (after the Garnishee has filed an Answer and it is determined earnings are subject to a continuing lien) 1 2 3 4 5 6 7 8 9 INSTRUCTIONS TO GARNISHEE Garnishee's Answer Initial Notice to Judgment Debtor of Garnishment Request for Hearing on Garnishment Notice of Hearing on Garnishment (this form is not included in your packet, but will be generated by the court at any time a Request for Hearing on Garnishment is filed.) Second Notice to Judgment Debtor of Garnishment Served on the Garnishee Served on the Garnishee Served on the Judgment Debtor Served on the Judgment Debtor 10 11 12 13 14 15 16 17 18 (Second) Request for Hearing Garnishee's Nonexempt Earnings Statement (This form is not applicable to Justice Court garnishments and is not included in your packet.) Request for Hearing on Nonexempt Earnings Statement Served on the Garnishee (who will serve it on judgment debtor) Served on the Garnishee (who will serve it on judgment debtor) Served on the Garnishee (who will serve it on both judgment debtor and judgment creditor) Served on the Garnishee (who will serve it on judgment debtor) You will need this at a later time (to make a report to both the judgment debtor and the garnishee Creditor's Garnishment report Generic Request for Hearing By any party (this form is not included in your packet, but is available online and at the court) Petition for Order to Show Cause (this form is not included in your packet, but is available at the web sites listed below and at the court). Order to Show Cause (this form is not included in your packet, but will be generated by the court at any time a Petition for Order to Show Cause is filed with the court) You may not need this form. However, if the garnishee fails to file an Answer with the Court, you will need this form to take default action against the Garnishee. 19 20 Petition for Order Discharging Garnishee Order Discharging Garnishee (this form is not included in your packet, but will be generated by the court at any time a Petition for Order Discharging Garnishee is filed with the court) You may need this form to release the garnishee from the garnishment action. You will need this form if you file a Petition to Discharge garnishee. Use this form if you opt to serve judgment debtor with st forms 2, 7 and 8 by 1 class mail or personal delivery (this form is not required if service will be made by a process server or constable) You will need to file this form with the court when the judgment is paid in full 21 Certificate of Service 22 Satisfaction of Judgment Other forms are available online and at the courts: http://www.supreme.state.az.us/selfserv/garnishment.htm http://www.superiorcourt.maricopa.gov/justiceCourts/CourtForms/#e 8150-098 LIST OF PACKET FORMS EARNINGS R:03-10-2008 American LegalNet, Inc. www.FormsWorkflow.com INTRODUCTION TO GARNISHMENT WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. · · GARNISHMENT is a legal process by which one party may collect money from another party, after a money judgment has been entered. A MONEY JUDGMENT is an order signed by a judicial officer that awards money to one party against another party. There are generally three parties to a garnishment proceeding: · · · A JUDGMENT CREDITOR is a person or entity who has been granted a money judgment. A JUDGMENT DEBTOR is a person or entity who owes a money judgment. A GARNISHEE is a person or entity holding money or property belonging to a judgment debtor. Once a money judgment is entered in favor of a party, that party becomes a judgment creditor. The Court will not start the process to collect money owed to a judgment creditor. The Court will not start the process to collect money owed to a judgment creditor. The judgment creditor is responsible for collecting the money, if the judgment debtor fails to pay voluntarily. The judgment creditor has a number of options available to collect a judgment. One of these options is known as a garnishment, by which a money judgment may be collected from the following: · · Earnings: wages, commissions, pensions or bonuses paid or payable to the judgment debtor Non-earnings: money or property owed to the judgment debtor that is in possession of a third party such as rent or a bank account or the contents of a safe deposit box. A judgment creditor who wishes to begin a garnishment must have specific and accurate financial information to proceed including a physical address for the judgment debtor and the employer or holder of assets. If garnishment proceedings are filed incorrectly, a judgment creditor may be required to pay the garnishee's costs, including attorney fees. If a judgment debtor does not provide this information voluntarily, the judgment creditor may request an order from the Court requiring the judgment debtor to answer questions about the debtor's financial circumstances. To pursue a garnishment through an Arizona court, the money or property targeted must be in Arizona. An Arizona garnishment proceeding cannot be used to collect money or property located in another state. The procedures and forms used to collect judg
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