Arizona Laws 12-1598.03. Application for writ of garnishment for earnings
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 state the following:
Terms Used In Arizona Laws 12-1598.03
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Contract: A legal written agreement that becomes binding when signed.
- Debt scheduling: means counseling and assistance provided to persons by a qualified debt counseling organization if:
(a) The counseling and assistance are manifested by a written agreement. See Arizona Laws 12-1598
- Disposable earnings: means that amount remaining from the gross earnings for a pay period after the deductions required by state and federal law. See Arizona Laws 12-1598
- 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 party who has a money judgment or an order for support of a person that is due and unpaid. See Arizona Laws 12-1598
- Judgment debtor: means a party against whom a money judgment or order for support of a person has been awarded. See Arizona Laws 12-1598
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Qualified debt counseling organization: means a nonprofit corporation authorized to do business in this state for the purpose of counseling persons with respect to their financial obligations and assisting them in dealing with their creditors. See Arizona Laws 12-1598
- Writing: includes printing. See Arizona Laws 1-215
1. That the judgment creditor is a party in an action to whom a money judgment has been awarded.
2. That the judgment creditor has made demand on the judgment debtor for payment of the amount adjudged due, but the judgment debtor has not paid that amount and the judgment debtor has not agreed and continued to pay the nonexempt portion of the judgment debtor wages until the judgment is satisfied.
3. The amount of the outstanding balance due on the judgment on the date that the application is made, together with interest, accrued attorney fees, including fees for the garnishment, if allowed by the judgment or contract and allowable costs, is that amount stated on the application.
4. That the garnishee is believed to be an employer of the judgment debtor or otherwise owes or will owe to the judgment debtor disposable earnings.
5. The name and address of the garnishee or the garnishee’s authorized agent.
6. That the judgment creditor has not received notice of the judgment debtor’s intent to enter into an agreement for debt scheduling with a qualified debt counseling organization or, if such a notice has been received, that the judgment creditor timely objected, in writing, to the judgment debtor’s participation in such an agreement or that the judgment creditor has been notified that the agreement is no longer effective.