Arizona Laws 12-1572. Application for writ of garnishment for monies or property
A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person on the judgment creditor’s behalf makes an application in writing. The application shall contain the following:
Terms Used In Arizona Laws 12-1572
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Judgment creditor: means a person or entity that has a money judgment or an order for support of a person that is due and unpaid or an order pursuant to chapter 14 of this title allowing him to garnish monies, personal property or shares of stock before final judgment on the underlying action. See Arizona Laws 12-1570
- Judgment debtor: means a person or entity against which a money judgment has been awarded or against which an order for support of a person is due and unpaid or against which an order pursuant to chapter 14 of this title has been entered. See Arizona Laws 12-1570
- Monies: includes cash, credit and accounts, but does not include earnings as defined in section 12-1598, paragraph 4. See Arizona Laws 12-1570
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
1. A statement that the applicant is a judgment creditor.
2. A statement that the applicant has good reason to believe one of the following:
(a) That the garnishee is indebted to the judgment debtor for monies that are not earnings.
(b) That the garnishee is holding nonexempt monies on behalf of the judgment debtor.
(c) That the garnishee has in the garnishee’s possession nonexempt personal property belonging to the judgment debtor.
(d) That the garnishee is a corporation and the judgment debtor is the owner of shares in the corporation, or has a proprietary interest in the corporation.
3. The amount of the outstanding balance due on the underlying judgment, together with interest, accrued attorney fees, including fees for the garnishment, if allowed by the judgment or contract and accrued allowable costs, on the date the application is made, and the rate at which interest accrues on that judgment, or if no judgment has been entered, the amount of money damages requested in the judgment creditor’s complaint.
4. The address of the garnishee.