Arizona Laws 12-1598.15. Taxing costs
A. If the garnishee is discharged on the garnishee’s answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor.
Terms Used In Arizona Laws 12-1598.15
- 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.
- Nonexempt earnings: means those earnings or that portion of earnings which is subject to judicial process including garnishment. 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. If there is no written objection to the answer of the garnishee and the garnishee is held on the garnishee’s answer, the attorney fees that are allowed by Section 12-1598.03, paragraph 3 and costs as provided in subsection A of this section shall be taxed against the judgment debtor.
C. If the answer or nonexempt earnings statement is objected to in writing the attorney fees and costs shall abide the issue.
D. If no objection is filed to the answer of the garnishee, the costs provided in subsections A and B of this section shall not exceed $50 excluding costs of service and the cost of issuance of the writ.
E. While a continuing lien is in effect the garnishee may deduct from the nonexempt earnings of the judgment debtor the amount of $5 each pay period as a fee for preparing and delivering the nonexempt earnings statement. If there were not sufficient nonexempt earnings to collect this fee, and an amount arising from this fee remains owing when the writ becomes invalid or is released, the amount is chargeable against the judgment creditor and not the judgment debtor.