Arizona Garnishments

After a money judgement (a court decision requiring money to be given from one person or legal entity to another), the money must be paid. The person who is owed the money (called the judgment creditor) is responsible for collecting the money. If the person who is supposed to pay (the judgment debtor) refuses, then one of the legal remedies available is a garnishment.

Types of Garnishments

A garnishment is simply a legal process in which the money is transferred from the judgment debtor to the judgment creditor. There are two types of garnishments: earnings and non-earnings. In Arizona, there are different forms and a different process for each type garnishment. Garnishments from earnings allow a judgment creditor to collect money directly from wages, commissions, pensions, or bonuses of the judgment debtor. A non-earnings garnishment allows the judgement creditor to receive payment from property or money that belongs to the judgment debtor, but is in the possession of a third party (for example, a bank account that belongs to the judgment debtor but is in the possession of a bank).

How to Obtain a Garnishment

If you have received a judgement in your favor, have unsuccessfully attempted to receive payment, and have decided which type of garnishment you should pursue, then you are ready to contact a court clerk. The clerk will provide you will all the necessary paperwork and can tell you how to fill it out. There will be a fee required to file these forms. Once the your papers are ready, you will need to have them legally served. (Please consider ASAP Serve for your Phoenix legal service of process needs.) Any fees involved in this process will be added to your court judgment and paid by the judgment debtor.

*This is not official legal advice. Please contact an attorney for legal advice.

Source: http://www.azcourts.gov/Portals/34/Forms/GarnEarn/Introduction.pdf

Published By – ASAP Serve, LLC

*ALL LOCATIONS BY APPOINTMENT ONLY