A. The writ is a lien on the nonexempt earnings of the judgment debtor from the date of service of the writ until any one of the following occurs:

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Terms Used In Arizona Laws 12-1598.05

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Earnings: means compensation paid or payable for personal services, whether these payments are called wages, salary, commission, bonus or otherwise. See Arizona Laws 12-1598
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Payday: means the fixed, regular day for payment of wages designated by an employer pursuant to section 23-351. See Arizona Laws 12-1598
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215

1. An order of continuing lien is entered.

2. If no order is entered for a period of forty-five days after the date of the filing of the answer.

3. The writ is quashed, released or becomes ineffective as a result of the circumstances set forth in Section 12-1598.10, subsection D.

B. The garnishee shall not remit any withheld earnings to the judgment creditor until an order of the court has been entered pursuant to Section 12-1598.10.

C. The garnishee is not liable to the judgment creditor for failing to withhold earnings from a judgment debtor if those earnings were paid to the judgment debtor on a payday falling within three days, not including weekends and holidays, after the date of the service of the writ.

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