Arizona Laws 12-1598.08. Answer of garnishee to writ of garnishment of earnings; filing; delivery; notice
A. The answer of the garnishee shall be under oath, in writing and signed by him and shall make true answers to the writ. If there are more judgment debtors than one, the garnishee shall answer as to each judgment debtor named in the writ. The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation of an attorney.
Terms Used In Arizona Laws 12-1598.08
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Deliver: means any of the following:
(a) To hand deliver. See Arizona Laws 12-1598
- 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
- 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
- Good faith: means honesty in fact in the conduct or transaction concerned. 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
- 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
- Writing: includes printing. See Arizona Laws 1-215
B. The answer of the garnishee shall set forth the following:
1. Whether the judgment debtor was employed by the garnishee on the date the writ was served.
2. Whether the garnishee anticipates owing earnings within sixty days after the date of service of the writ.
3. If the garnishee is unable to determine the identity of the judgment debtor after making a good faith effort to do so, a statement of the effort made and reasons for such inability.
4. The dates of the next two paydays occurring after the date of service of the writ.
5. The pay period of the judgment debtor, whether weekly, biweekly, semimonthly, monthly or another specified period.
6. The amount of the outstanding judgment now due and owing as stated in the writ.
7. Whether the judgment debtor is subject to an existing wage assignment, garnishment or levy, and if so, the name, address and telephone number of that judgment creditor.
8. The name, address and telephone number of the garnishee.
9. The date and manner of delivery of a copy of the answer to the judgment debtor and judgment creditor.
C. The garnishee shall deliver a copy of the answer to the judgment creditor or the judgment creditor’s attorney, if applicable. At the same time the garnishee shall deliver a copy of the answer and a copy of the notice to judgment debtor and request for hearing form to the judgment debtor. The garnishee shall state the time and manner of delivery in the answer.