Maricopa County Justice Courts, State of Arizona FILING A GARNISHMENT (NON-EARNINGS) The cost for issuing a Writ of Garnishment is $29.00. The garnishment packet contains the following forms. Each form comes with instructions. Read all instructions carefully.
Form # Form Name Introduction to Garnishment NON Earnings Process Checklist for the Judgment Creditor Application for Writ of Garnishment Writ of Garnishment and Summons INSTRUCTIONS TO GARNISHEE Garnishee's Answer Notice to Judgment Debtor of Garnishment Request for Hearing on Garnishment Notice of Hearing on Garnishment (this form is not included in your packet, but will be generated by the court at any time a Request for Hearing on Garnishment is filed.) Application for Garnishment Judgment Overview of Form Use each form is necessary for use at different steps during the garnishment process. For your information. Read carefully. For your information. Follow the Process Checklist for details of the garnishment process. Filed with the Court to begin the garnishment process Presented to the Court to issue and served on both the Judgment Debtor and the Garnishee Served on the Garnishee Served on the Garnishee Served on the Judgment Debtor Served on the Judgment Debtor
1 2 3 4 7 8 9
5
You may need to file this with the court at a later time (after the Garnishee has filed an Answer and it is determined the Garnishee is in possession of property belonging to debtor that is subject to garnishment)
6
14 10 11
12 13
Garnishment Judgment (this form is not included in your packet, but will be generated by the court in association with the filing of an Application for Garnishment Judgment when all statutory requirements are met) Generic Request for Hearing By any party (this form is not included in your packet, but is available online and at the court) Petition for Order to Show Cause (this form is not included in your packet, but is available at the web sites listed below and at the court). Order to Show Cause (this form is not included in your packet, but will be generated by the court at any time a Petition for Order to Show Cause is filed with the court) Petition for Order Discharging Garnishee Order Discharging Garnishee (this form is not included in your packet, but will be generated by the court at any time a Petition for Order Discharging Garnishee is filed with the court) Satisfaction of Judgment
You may not need this form. However, if the garnishee fails to file an Answer with the Court, you will need this form to take action against the Garnishee.
You may need this form to release the garnishee from the garnishment action. You will need this form if you file a Petition to Discharge garnishee. You will need to file this form with the court when the judgment is paid in full
16
Other forms are available at the courts and online at: http://www.supreme.state.az.us/selfserv/garnishment.htm http://www.superiorcourt.maricopa.gov/justiceCourts/CourtForms/#e
8150-098 LIST OF PACKET FORMS NON
R:10-06-2008
MARICOPA COUNTY JUSTICE COURTS
INTRODUCTION TO GARNISHMENT WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. · · GARNISHMENT is a legal process by which one party may collect money from another party, after a money judgment has been entered. A MONEY JUDGMENT is an order signed by a judicial officer that awards money to one party against another party.
There are generally three parties to a garnishment proceeding: · · · A JUDGMENT CREDITOR is a person or entity who has been granted a money judgment. A JUDGMENT DEBTOR is a person or entity who owes a money judgment. A GARNISHEE is a person or entity holding money or property belonging to a judgment debtor. Once a money judgment is entered in favor of a party, that party becomes a judgment creditor. The Court will not start the process to collect money owed to a judgment creditor. The Court will not start the process to collect money owed to a judgment creditor. The judgment creditor is responsible for collecting the money, if the judgment debtor fails to pay voluntarily. The judgment creditor has a number of options available to collect a judgment. One of these options is known as a garnishment, by which a money judgment may be collected from the following: · · Earnings: wages, commissions, pensions or bonuses paid or payable to the judgment debtor Non-earnings: money or property owed to the judgment debtor that is in possession of a third party such as rent or a bank account or the contents of a safe deposit box. A judgment creditor who wishes to begin a garnishment must have specific and accurate financial information to proceed including a physical address for the judgment debtor and the employer or holder of assets. If garnishment proceedings are filed incorrectly, a judgment creditor may be required to pay the garnishee's costs, including attorney fees. If a judgment debtor does not provide this information voluntarily, the judgment creditor may request an order from the Court requiring the judgment debtor to answer questions about the debtor's financial circumstances. To pursue a garnishment through an Arizona court, the money or property targeted must be in Arizona. An Arizona garnishment proceeding cannot be used to collect money or property located in another state. The procedures and forms used to collect judgments from earnings are different from the procedures and forms needed to collect judgments from non-earnings. Separate packets are available for these two types of garnishment. At the beginning of each packet you will find a Process Checklist for the Judgment Creditor. Carefully review this document to better understand your responsibilities in representing yourself in a garnishment proceeding. · · To collect a judgment from earnings, use the forms in the Garnishment of Earnings packet. To collect a judgment from non-earnings, use the forms in the Garnishment of Non-Earnings packet.
R:01-01-2008 Page 1 of 1
8150-099 INTRODUCTION TO GARNISHMENT
PROCESS CHECKLIST FOR THE JUDGMENT CREDITOR IN A GARNISHMENT OF NON-EARNINGS WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. INTRODUCTION This packet is intended for a judgment creditor who wishes to pursue a garnishment of "non-earnings." A nonearnings garnishment targets personal property belonging to a judgment debtor but held by a third party, or money other than wages that is owed to the debtor by a third party. Some examples of non-earnings include money in a bank account, the contents of a safe deposit box, a rent payment owed but not yet paid, or an account receivable. Property that is not earnings may be subject to garnishment, however, not all property is subject to garnishment, and certain non-earnings property is protected (see A.R.S. Title 33, Chapter 8). For example, Arizona law provides that a judgment creditor who garnishes a bank account may only take the money that is in the account on the day the Writ of Garnishment is served on the bank. If additional funds are later deposited in the account, a new garnishment must be filed to collect them. In addition, the first $150 per person per bank account is protected from garnishment. If persons other than the judgment debtor(s) is/are on the account, a hearing may be held to determine each person's share in the account (A.R.S. § 12-1595). [ ] STEP 1: Review the forms and instructions in the packet To garnish a bank account or other form of property other than wages, you will be working with the following forms in the packet (the number of each form appears in the bottom left corner of each page): FORMS 1 through 16 . [ ] STEP 2: Apply to the court for a writ of garnishment and serve the required forms on the garnishee To begin your garnishment action, complete and file an Application for Writ of Garnishment (FORM 1). There is a fee for filing this form. If you cannot pay the fee, it may be deferred if you qualify. The Clerk has a form you can complete to request deferral. Fill out and file with the Court the Application for Writ of Garnishment (Non-Earnings)(FORM 1), and the Writ of Garnishment and Summons (Non-Earnings) (FORM 2). If you are filing your application in a Superior Court, the Clerk of the Court will sign the writ and summons. If you are filing your application in a Municipal or Justice of the Peace Court, the Judge or Justice of the Peace or Clerk will sign the Writ and Summons form you have filed. After the Judge or Clerk has signed FORM 2 and it has been returned to you, you must serve the documents listed below on the garnishee. The number of copies to be served is indicated for each form. You must fill out the caption and only the caption on FORMS 4, 7, 8, and 9 before serving them on the garnishee. [ ] Writ of Garnishment and Summons (Non-Earnings) (FORM 2) 2 copies [ ] Instructions to Garnishee (Non-Earnings) (FORM 3) 1 copy [ ] Garnishee's Answer (Non-Earnings) (FORM 4) 4 copies [ ] Notice to Judgment Debtor of Garnishment (Non-Earnings) (FORM 7) 2 copies [ ] Request for Hearing (FORM 8) 2 copies [ ] Notice of Hearing on Garnishment (Non-Earnings) (FORM 9) 2 copies [ ] The judgment awarding you money against the judgment debtor 1 copy
NE 8150-050.01 NON-EARNINGS PROCESS CHECKLIST R: 1/1/08 1 of 3
You will pay a fee for service of these documents. A private process server, a constable from the Court or a deputy sheriff can serve them for you. You may be able to recover the amount of money you pay to serve these forms at the end of the proceeding. If you cannot afford to pay the service fee, you may qualify for deferral of the payment. Private process servers do not accept deferrals. The Clerk has a form you can complete to request deferral of service fees. For specific information on how to serve these documents on a financial institution, refer to A.R.S. §12-1577. Arizona statutes may be read online at: http://www.azleg.state.az.us/ars/12/01577.htm, and at your local law library. [ ] STEP 3: Wait for garnishee's Answer By law, the garnishee is to complete and file a Garnishee's Answer with the Court within 10 business days, beginning with the first business day after service on the garnishee. Do not take any further steps in this process until this time period has been completed or until you receive a copy of the Garnishee's Answer, if that occurs sooner. If the time period has expired and you still have not received a copy of the Answer from the garnishee, contact the Court to see if an Answer has been filed. [ ] STEP 4A [IF APPLICABLE]: If the garnishee does not file an Answer Complete and file a Petition for Order to Show Cause Regarding Garnishee's Default and Order to Show Cause (FORMS 10 and 11). This is a request to the Court to order the garnishee to appear and answer. The Court may then order the garnishee to appear for a hearing and explain why no Answer was filed. If a hearing date is set, you must serve the Petition and the signed Order to Show Cause on the garnishee using one of the service methods listed in STEP 2 (service by process server, constable or deputy sheriff). You must also deliver a copy of the Petition and signed Order to Show Cause to the judgment debtor by mail or hand delivery. At the hearing, the Judge may order the garnishee to pay the judgment creditor up to the total amount owed by the judgment debtor. [ ] STEP 4B [IF APPLICABLE]: If the garnishee claims to hold no property of the judgment debtor The garnishee who holds no property of the judgment debtor can ask the Court to make the judgment creditor pay for the garnishee's reasonable expenses related to responding to a Writ of Garnishment. For this reason, before beginning a garnishment, the judgment creditor should take precautions to ensure the person or organization named as the garnishee does in fact possess property of the judgment debtor. [ ] STEP 4C [IF APPLICABLE]: If the garnishee claims to hold property of the judgment debtor Wait 10 more business days to see whether the debtor files a Request for Hearing on Garnishment (FORM 8). If the judgment debtor does not request a hearing within 10 business days of the filing of the Garnishee's Answer, complete and file an Application for Garnishment Judgment (Non-Earnings) (FORM 5). Also file a Garnishment Judgment (Non-Earnings) (FORM 6) for the Judge to sign. Mail or personally deliver copies of these forms to the garnishee and to the judgment debtor before you file them with the Court. Once the Judge signs the Garnishment Judgment (Non-Earnings) (FORM 6), the Court will send a copy of the signed version of this form to all parties.
If the garnishee does not receive a copy of the signed Garnishment Judgment within 90 days of filing an Answer, you will have to begin again from the beginning, except under limited circumstances, see A.R.S. § 121587. The writ expires 90 days after the Answer is filed with the Court in a non-earnings garnishment. Check with the Court periodically if you do not receive a signed Garnishment Judgment within 3-6 weeks after filing your Application for Garnishment Judgment (FORM 5).
[ ] STEP 5A [IF APPLICABLE]: If a request for hearing is filed to object to the garnishment If the judgment debtor objects to the garnishment and files a Request for Hearing (Non-Earnings) (Form 8), the Court should set a hearing date within 5 days after the request is filed. The Judge may not sign the Garnishment
NE 8150-050.02
NON-EARNINGS PROCESS CHECKLIST
R: 1/1/08
2 of 3
Judgment (FORM 6) until the hearing has been held. Some of the more common objections include: lack of notice, lack of jurisdiction, invalid or satisfied judgment, exempt money is being garnished ($150 in bank account, welfare, worker's compensation, child support or other potentially exempt monies), or exempt property is being garnished. There may be other reasons as well. Additional information concerning exemptions can be found at A.R.S. §§ 33-11011130. It is important for the judgment creditor to attend this hearing. [ ] STEP 5B [IF APPLICABLE]: WHAT TO DO IF YOU DO NOT AGREE WITH CLAIMS MADE IN THE GARNISHEE'S ANSWER OR DO NOT RECEIVE ANY NON-EARNINGS PROPERTY FROM THE GARNISHEE A judgment creditor who does not agree with the Garnishee's Answer, or does not receive any property from the garnishee to which the judgment creditor is entitled can file a Request for Hearing (FORM 14) and the Court will hold a hearing on the request. If you desire to release the garnishee and/or judgment debtor from the garnishment: 1. The Petition and Order Discharging Garnishee (FORMS 12 & 13) can be used to release the garnishee who turns over property in response to the Writ of Garnishment or in other appropriate circumstances. Once it is filed, mail a copy to the garnishee, the judgment debtor and any other creditor who has asked to be notified. This can be done even if the garnishee's payment does not completely satisfy the judgment debtor's debt. 2. A Satisfaction of Judgment (FORM 16) can be filed with the Court to establish that the judgment has been fully paid off or otherwise satisfied. Mail a copy to the judgment debtor. Frequently Asked Questions 1. Can I get back money I paid the constable or process server for service on the garnishee? Yes. There is a place on the Application for Garnishment Judgment to record this amount. The fee is paid to the constable or process server. This cost is added to the total amount included in the garnishment. As judgment creditor, you are responsible for arranging for service of process. 2. If the garnishee has money or property belonging to judgment debtor, will I collect all the money owed to me? Maybe. There are certain kinds of money or property that may be exempt from collection. Additional information concerning exemptions can be found at A.R.S. §§ 33-11011130. 3. What are "earnings?" The term "earnings" means compensation owed to an individual for personal services or work performed by that individual for another. This compensation may be called wages, salary, commissions, bonuses or something similar. "Earnings" include periodic payments made pursuant to a pension or retirement program. "Earnings" become monies upon their payment by the employer to the employee, except payment into a pension or retirement fund. Money in a pension or retirement fund is no longer classified as "earnings" once it is disbursed to the employee.
These forms are guides only and are not intended to be legal advice. These forms are not tailored for every fact situation. While not mandatory, parties should have all documents reviewed by an attorney who specializes in post - judgment proceedings.
NE 8150-050.03
NON-EARNINGS PROCESS CHECKLIST
R: 1/1/08
3 of 3
(1) Person Filing: _________________________________ Mailing Address: _________________________________ City, State, Zip Code: _____________________________ Daytime Phone: __________ Alternate Phone: __________ Representing: [ } Self [ ] Attorney [ ] Other State Bar No. (if applicable): ________________________
Maricopa County Justice Courts, State of Arizona
(2). ________________________________________________________________________________________
Court Name and address (5) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: _________________________________________ Address: _______________________________________ City, State, Zip Code: _____________________________ Phone(s): ______________________________________
(6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(8) Case No.: _______________________
Name: _________________________________________ Address: _______________________________________ City, State, Zip Code: _____________________________ Phone(s): ______________________________________ (7) Garnishee Name: _________________________________________ Address: _______________________________________ City, State, Zip Code: _____________________________ Phone(s): ______________________________________ Attorney: _______________________________________ APPLICATION FOR WRIT OF GARNISHMENT (NON-EARNINGS) (A.R.S. § 12-1572 thru 1597)
1. I am the judgment creditor. I was awarded a money judgment or order against the judgment debtor. 2. The amount of the outstanding balance on the judgment or order, including accrued interest and allowable costs, is (9) $ _______________. Interest accrues at the rate of (10) _______ % per (11) ____________. The cost of serving the Writ of Garnishment will be as shown on the Affidavit of Service and may be added to the Judgment along with allowable costs. 3. I believe the statements checked below are true: (12) (Check all that apply) [ ] Garnishee owes judgment debtor money which was not earned by judgment debtor for personal services. [ ] Garnishee is holding money for judgment debtor which is not exempt from collection. [ ] Garnishee has personal property which belongs to judgment debtor and is not exempt from collection. [ ] Garnishee is a corporation and judgment debtor owns shares or other interest in the corporation. 4. I have provided garnishee's name and address in the caption above. 5. I have attached a completed Writ of Garnishment and Summons form and ask that the Writ be issued.
(13) Date ____________________ Signature of Judgment Creditor or Authorized Agent
NE 8150-051.01 FORM 1 APPLICATION FOR WRIT NON EARNINGS ( R:01-01-2008 Page 1 of 1
MARICOPA COUNTY JUSTICE COURTS
INSTRUCTIONS FORM 1 APPLICATION FOR WRIT OF GARNISHMENT (NON-EARNINGS) WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 1 IF: · You are the judgment creditor or you represent the judgment creditor. · You are seeking to collect a money judgment from a third party who holds personal property or money, other than wages, belonging to the judgment debtor. TO COMPLETE FORM 1 YOU WILL NEED: · Information from the judgment or order which awarded you the money you want to collect in this action. · Name, address and phone numbers for the petitioner/plaintiff, respondent/defendant and garnishee. · The amount of the judgment currently owed in this case by the judgment debtor, including interest. If an interest rate is not stated on the judgment or order, A.R.S. § 44-1201 may apply. If you need help interpreting this statute or calculating the interest owed to you, please consult an attorney. · The name of the Court in which you are filing this application. HOW TO COMPLETE FORM 1: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Application for Writ of Garnishment (Non-Earnings). (1) Type or print the name, mailing address and telephone numbers of the person filing this form. If you are representing yourself in this matter, check the box before "Self." Check the box before "Other" if you are representing a judgment creditor and you are not an attorney, and you are permitted by law to do so. A party to a garnishment may represent him/herself or be represented by an attorney. A power of attorney does not give the person a right to represent another party in a lawsuit. In Justice Courts only, a corporation may be represented not only by an attorney but also by a duly authorized officer of the corporation (if the officer's primary duties are other than representing the corporation in Court). A partnership may be represented by an attorney or one or more partners. Lines 2 through 8 are known as the caption. You must complete this portion if not already filled in. (2) Type or print the name of the Justice Court precinct in which you are filing the Application and the name of the county in which the Court is located. (5) Type or print the name, mailing address and, if known, phone number(s) of the petitioner/plaintiff on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment creditor or judgment debtor in this garnishment action. Type or print the name, mailing address and, if known, phone number(s) of the respondent/defendant on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment debtor or judgment creditor in this garnishment action. Type or print the name, mailing address, phone number and attorney (if known) of the person or company (garnishee) that owes or will owe earnings to the judgment debtor within the next 60 days that you are seeking to collect in this lawsuit. Type or print the case number assigned to the judgment or order. Type or print the dollar amount of the money judgment, including interest and costs, minus any amounts you have already collected. Type or print the interest rate being applied to the outstanding debt. If the interest rate is not stated on the judgment or order, A.R.S. § 44-1201 may apply. If you need help interpreting this statute or calculating the interest owed to you, please consult an attorney. Type or print the time frame by which your interest rate is calculated, i.e., daily, weekly, monthly, annually. Check all boxes that apply. Date and sign the Application where indicated.
(6)
(7)
(8) (9) (10)
(11) (12) (13)
WHEN YOU HAVE COMPLETED THE APPLICATION: Complete the Writ of Garnishment and Summons (Non-Earnings) (FORM 2). Follow the steps on the Process Checklist.
NE 8150-051.02 INSTR FORM 1 APPLICATION FOR WRIT NON EARNINGS (
R:01-01-2008
Page 1 of 1
Maricopa County Justice Courts, State of Arizona
(1). ________________________________________________________________________________________
Court Name and address (4) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(5) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(7) Case No.: _________________________ (6) Garnishee Name: ____________________________________ Address: __________________________________ City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ (A.R.S. § 12-1571 thru 1574)
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________ WRIT OF GARNISHMENT AND SUMMONS
(NON-EARNINGS)
TO THE CONSTABLE OR OTHER AUTHORIZED PROCESS SERVER IN MARICOPA COUNTY: STATEMENTS OF JUDGMENT CREDITOR
You are commanded to summon garnishee named above, who is believed to be in your county, to answer the following claims:
1. Judgment creditor was awarded a judgment or order against (9) _________________________, judgment debtor. 2. The amount of the outstanding balance on the judgment or order, including accrued interest and allowable costs, is (10) $ _______________. Interest accrues at the rate of (11) _______ % per (12) ____________. The cost of serving the Writ of Garnishment will be as shown on the Affidavit of Service and may be added to the Judgment. 3. Judgment Creditor believes that garnishee holds nonexempt property or money other than wages owed or belonging to judgment debtor. 4. The names and addresses of all parties are as listed in (4), (5) and (6). TO THE GARNISHEE (A.R.S. § 12-1579) YOU SHALL answer all the following questions in writing, under oath, on a separate document. Your answer must be filed with the Court within 10 business days after you are served with this Writ of Garnishment. A. Were you holding personal property or money other than wages belonging to the judgment debtor at the time this Writ was served on you? B. How much money do you owe the judgment debtor and how much of that money did you withhold pursuant to the writ? Did you release any of that money after you were served with the Writ, and, if so, how much did you release and why? C. Did you possess any personal property belonging to the judgment debtor at the time t he Writ was served on you? If so, please describe each item or group of items you held and describe the specific items of personal property you withheld pursuant to the Writ, if any. D. If the garnishee is a corporation, what shares or interest does the judgment debtor own?
SUMMONS
A WRIT OF GARNISHMENT has been issued, naming you as garnishee. You are required to answer this Writ in writing, under oath and file the answer with the Court within 10 days (excluding weekends and holidays) after service on you. If you fail to file an answer, you may be ordered to appear in person to answer this Writ and a default judgment may be entered again you. If a default judgment is entered against you, you may be ordered to pay the full amount shown on this Writ, plus attorney fees and costs.
THIS SUMMONS IS NOT A REQUEST TO SEND ANY MONEY OR PERSONAL PROPERTY TO THE COURT.
Date: ____________________ Justice of the Peace
NOTICE TO GARNISHEE
You should have been served with a blank Garnishee's Answer form. You may complete and file this form with the Court to make your required answer.
NE 8150-052.01 Form 2 WRIT OF GARNISHMENT & SUMMONS NON EARNINGS R:01-01-2008 Page 1 of 1
MARICOPA COUNTY JUSTICE COURTS
INSTRUCTIONS
FORM 2
WRIT OF GARNISHMENT & SUMMONS WARNING !
(NON-EARNINGS)
ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY.
Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 2 IF: · You are the judgment creditor or you represent the judgment creditor. · You are seeking to collect a money judgment from a third party who holds personal property or money, other than wages, belonging to the judgment debtor. TO COMPLETE FORM 2 YOU WILL NEED: · Information from the judgment or order which awarded you the money you want to collect in this action. · Name, address and phone number(s) for the petitioner/plaintiff, respondent/defendant and garnishee. · The amount of the judgment currently owed in this case by the judgment debtor, including interest. If an interest rate is not stated on the judgment or order, A.R.S. § 44-1201 may apply. If you need help interpreting this statute or calculating the interest owed to you, please consult an attorney. · The name of the Court in which you are filing this application. HOW TO COMPLETE FORM 2: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Writ of Garnishment and Summons (Non-Earnings). Lines 1 through 7 are known as the caption. You must complete this portion if not already filled in. (1), (2) or (3) Check the appropriate box that identifies the Court in which you are filing this Writ of Garnishment and Summons (Non-Earnings). (1) If you checked this box, type or print the name of the Justice Court precinct in which you are filing the Writ and the name of the county in which the Court is located.
(4)
Type or print the name, mailing address and, if known phone number(s) of the petitioner/plaintiff on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment creditor or judgment debtor in this garnishment action. Type or print the name, mailing address and, if known, phone number(s) of the respondent/defendant on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment debtor or judgment creditor in this garnishment action. Type or print the name, mailing address and, if known, phone number(s) of the person or company (garnishee) that is holding personal property or money other than wages belonging to the judgment debtor that you are seeking to collect in this lawsuit. Include the name of the garnishee's attorney, if known. Type or print the case number assigned by the Court to this garnishment action. Type or print the name of the county in which the garnishee will be served. Type or print the name of the judgment debtor. Type or print the dollar amount of money the judgment debtor owes to you, including interest and costs, minus any amount you have already collected. Type or print the interest rate being applied to the outstanding debt. If the interest rate is not stated on the judgment or order, A.R.S. § 44-1201 may apply. If you need help interpreting this statute, please consult an attorney. Type or print the time frame by which your interest rate is calculated, i.e., yearly, monthly, weekly, daily. File this form with the Clerk's filing counter along with the Application for Writ of Garnishment (FORM 1). Do not sign or date the Writ. Follow the steps on the Process Checklist.
(5)
(6)
(7) (8) (9) (10) (11)
(12)
WHEN YOU HAVE COMPLETED THE WRIT OF GARNISHMENT AND SUMMONS (NON-EARNINGS):
NE 8150-052.02 INSTR Form 2 WRIT OF GARNISHMENT & SUMMONS
R:01-01-2008
Page 1 of 1
FORM 3 INSTRUCTIONS TO THE GARNISHEE (NON-EARNINGS) (for the garnishee who owes money other than wages, or holds personal property belonging to the judgment debtor)
WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly. If you, the garnishee, fail to meet your responsibilities in this garnishment proceeding, the Court may order you to pay the judgment creditor's attorney fees, costs and even the amount of money which the judgment debtor owes the judgment creditor. This can happen even if you do not have any of the judgment debtor's property or do not owe the judgment debtor any money.
You have been served with a Writ of Garnishment and Summons in which you are named as the "garnishee." The person or company that filed this court action (the "judgment creditor") is attempting to collect payment from an individual or organization named as the "judgment debtor." You are involved in this proceeding because the judgment creditor believes you either owe the judgment debtor money, other than wages, or are in possession of personal property owned by the judgment debtor. The judgment creditor should have served you with the following documents: · · · · · · · Writ of Garnishment and Summons (Non-Earnings)(you should have received 2 copies) This document identifies the parties and the reason for the garnishment. Instructions to the Garnishee (Non-Earnings) This document explains your rights and responsibilities in this court action. Garnishee's Answer (Non-Earnings) (4 copies) You will complete this document and file it with the Court. Notice to Judgment Debtor of Garnishment (Non-Earnings) (2 copies) This document explains the judgment debtor's rights and responsibilities. Request for Hearing (Non-Earnings) (2 copies) This document can be used by the judgment debtor to object to the garnishment or the Garnishee's Answer. Notice of Hearing on Garnishment (Non-Earnings) (2 copies) This document is completed by the Court to notify parties of a hearing on a judgment debtor's objection. One copy of the Judgment in the original lawsuit between the judgment creditor and the judgment debtor This document shows you how much money was awarded to the judgment creditor in the case against the judgment debtor.
STEP 1: DELIVER DOCUMENTS TO THE JUDGMENT DEBTOR Within 3 business days of the date on which you received the paperwork listed above, deliver one copy of the following documents to the judgment debtor: · Writ of Garnishment and Summons (Non-Earnings) · Notice to Judgment Debtor of Garnishment (Non-Earnings) · Request for Hearing (Non-Earnings) · Notice of Hearing on Garnishment (Non-Earnings) · The Judgment in the original lawsuit between the judgment creditor and the judgment debtor
NE 8150-053.01 FORM 3 INSTRUCTIONS TO THE GARNISHEE R:01-01-2008 Page 1 of 2
These documents can be delivered personally by you, or by first class mail, or they can be served by a constable, deputy sheriff or other process server. If you use a constable, deputy sheriff or process server, you will have to pay a fee. STEP 2: FILE YOUR ANSWER WITH THE COURT You must file an Answer within 10 business days after the date on which you received the paperwork listed above, even if you do not have any property or owe any money to the judgment debtor. Fill out the Garnishee's Answer (Non-Earnings) form and file it with the Court. Send a copy to the judgment debtor and the judgment creditor (by mail or by personal delivery). Show on the Garnishee's Answer how you delivered the copies to the other parties. This must be done within 10 business days. Failure to file the Garnishee's Answer can result in an order being entered against you in the full amount of the debt owed by the judgment debtor to the judgment creditor. CAUTION: Failure to file a Garnishee's Answer can result in an order being entered against you in the full amount of the debt owed by the judgment debtor to the judgment creditor. This can happen even if you do not know the judgment debtor or do not owe the judgment debtor any money or property. STEP 3: HOLD ON TO WHATEVER PROPERTY OR MONEY YOU HAVE THAT BELONGS TO THE JUDGMENT DEBTOR UNTIL FURTHER NOTICE FROM THE COURT The Writ of Garnishment and Summons tells you, the garnishee, to maintain control over any of the judgment debtor's property in your possession on the day the Writ was received. · Some types and amounts of property are not subject to garnishment. A list of these is shown on the Request for Hearing form (FORM 8). You should review this list. An attorney can help determine how much of the debtor's property is exempt. Corporate garnishees should not transfer any shares or interest belonging to the judgment debtor until further court order.
·
STEP 4: AWAIT THE COURT'S RULING The Court may issue a Garnishment Judgment directing the release of the debtor's funds or other property to the judgment creditor after any objections to the garnishment are considered. The judgment creditor will send you an unsigned copy of the Garnishment Judgment at the time it is filed with the Court. After the judge has signed this form, the Court will send you a signed version of the Garnishment Judgment informing you of how to proceed. Do not proceed until you have received the signed Judgment. If you are holding money or other property of the judgment debtor and you do not receive a signed Garnishment Judgment within 90 days of the date on which the Garnishee's Answer was filed, you must then return the property to the judgment debtor (A.R.S. § 12-1587). Before returning the property, contact the Court or the judgment creditor to verify that the Court has not in fact signed a Garnishment Judgment in your case. What to do if the judgment debtor objects to the Garnishment or the Garnishee's Answer: The judgment debtor has 10 business days after receiving the Garnishee's Answer to file a Request for Hearing on Garnishment (Non-Earnings). The judgment debtor is responsible for sending a copy of the Request for Hearing to you. The Court will notify you of the hearing date. You may attend this hearing.
NE 8150-053.02 FORM 3 INSTRUCTIONS TO THE GARNISHEE
R:01-01-2008
Page 1 of 2
(1) Person Filing: ______________________________________ Mailing Address: _________________________________ City, State, Zip Code: _____________________________ Daytime Phone: __________ Alternate Phone: __________ Representing: [ } Self [ ] Attorney [ ] Other State Bar No. (if applicable): ________________________
Maricopa County Justice Courts, State of Arizona
(2). ________________________________________________________________________________________
Court Name and address (5) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(8) Case No.: ____________________________
(7) Garnishee Name: ____________________________________
(Address: _________________________________
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________ GARNISHEE'S ANSWER
City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ (A.R.S. § 12-1578.01 thru 1579)
(NON-EARNINGS)
CAUTION: Failure to file a Garnishee's Answer can result in an order being entered against you in the full amount of the debt owed by the judgment debtor to the judgment creditor. This can happen even if you do not know the judgment debtor or do not owe the judgment debtor any money or property. 1. I am the garnishee or I am authorized by the garnishee to complete and file this Answer. The word `money' as used in this Answer does not refer to wages. Garnishee's name, address and phone are listed in (7). 2. The statements checked below were true at the time the Writ was served: (9) (Check all boxes that apply and fill in blanks for each box checked) A. [ ] I was not holding personal property or money belonging to judgment debtor. B. [ ] I owed judgment debtor (10) $ ___________. I am withholding (11) $ ___________ pursuant to the Writ. C. [ ] I released (12) $ ____________ because (13) ________________________________________ _____________________________________________________________________________________ D. [ ] I was in possession of the following personal property belonging to the judgment debtor: (14) ___________________________________________________________________ (attach list if necessary). I am holding (15) ________________________________________________________________________ (attach list if necessary) pursuant to the Writ. E. [ ] Garnishee is a corporation in which the judgment debtor owns these shares of interest: (16) ___________________________________________________________________ (attach list if necessary). 3. The following person/ organization holds personal property or money which belongs to judgment debtor: (17) ___________________________________________________________________________________ 4. Garnishee requests an answer fee in the amount of (18) $ ____________, as a reasonable amount for the preparation and filing of this Answer. (19) Copies of the Answer, Writ of Garnishment and Summons, Notice to Judgment Debtor of Garnishment, Notice of Hearing form, Request for Hearing form and a copy of the underlying judgment were provided to judgment debtor on: Date: ____________________ By: [ ] Mail [ ] Hand Delivery [ ] Constable or Process Server
I state on penalty of perjury that the foregoing is true and correct.
(20) A copy of the Answer were provided to creditor on: Date: ____________________ By: [ ] Mail [ ] Hand Delivery [ ] Constable or Process Server
(21) Date: ____________________ Signature of Garnishee or Authorized Agent
NE 8150-054.01 FORM 4 ANSWER NON EARNINGS R:01-01-2008 Page 1 of 1
MARICOPA COUNTY JUSTICE COURTS
INSTRUCTIONS FORM 4 GARNISHEE'S ANSWER (NON-EARNINGS) WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 4 IF: · You have received a Writ of Garnishment and Summons (Non-Earnings) which identifies you as the garnishee, or · You are the authorized agent for a company or other organization that has received a Writ of Garnishment and Summons on which the company or other organization is identified as the garnishee. TO COMPLETE FORM 4 YOU WILL NEED: · If you are holding personal property or money other than wages belonging to the individual or organization identified as the judgment debtor, you will need a detailed description of the exact items you are holding. This information must include a means of identifying specific items such as an account number, vehicle identification number or serial number. · Information on the Writ of Garnishment and Summons (Non-Earnings) with which you were served. HOW TO COMPLETE FORM 4: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Garnishee's Answer (Non-Earnings). (1) Type or print the name, mailing address and telephone numbers of the person filing this form. If you are representing yourself in this matter, check the box before "Self." Check the box before "Other" if you are representing a garnishee but you are not an attorney and you are permitted by law to do so. A party to a garnishment may represent him/herself or be represented by an attorney. A power of attorney does not give the person a right to represent another party in a garnishment. In Justice Courts only, a corporation may be represented not only by an attorney but also by a duly authorized officer of the corporation (if the officer's primary duties are other than representing the corporation in Court); a partnership may be represented by an attorney or one or more partners. Lines 2 through 8 are known as the caption. You must complete this portion if not already filled in. (2), (3) or (4) Check the appropriate box that identifies the Court in which you are filing this Garnishee's Answer (Non-Earnings). (2) If you checked this box, type or print the name of the Justice Court precinct in which you are filing the Garnishee's Answer and the name of the county in which the Court is located. (5) Type or print the petitioner/plaintiff's name, mailing address and, phone number(s) as they appear on the Writ. Check the box to indicate whether this party is the judgment creditor or judgment debtor as shown on the Writ. Type or print the respondent/defendant's name, mailing address and phone number(s) as they appear on the Writ. Check the box to indicate whether this party is the judgment debtor or judgment creditor as shown on the Writ.
(6)
NE 8150-054.02 INSTR Form 4 GARNISHEE'S ANSWER NON EARNINGS
PAGE 1 OF 2
MARICOPA COUNTY JUSTICE COURTS
(7) (8) (9) (10)
Type or print the garnishee's name, mailing address, phone number, as they appear on the Writ and attorney (if any). Type or print the case number assigned to the judgment or order. Check all boxes that apply and fill in the blanks for each box checked. If this statement applies to you, type or print the amount of money you owed the judgment debtor on the date you received the Writ of Garnishment and Summons. If this statement applies to you, type or print the amount of money that you currently owe the judgment debtor and have not yet paid. If this statement applies to you, type or print the amount of money you provided to the judgment debtor after receiving the Writ of Garnishment and Summons. Type or print your explanation of why you did not retain the money described in item (12). Attach an additional sheet with your explanation if necessary. If this statement applies to you, type or print a description of each item of personal property or group of items belonging to the judgment debtor that you had in your possession on the date you received the Writ of Garnishment.
(11)
(12)
(13)
(14)
(15) If this statement applies to you, type or print a description of each item or group of items belonging to the judgment debtor that you currently have in your possession. (16) If this statement applies to you, type or print a description of the corporate shares or interests belonging to the judgment debtor. Type or print the name of any other person or organization of which you are aware that owes money to the judgment debtor or is in possession of personal property belonging to the judgment debtor. Type or print the amount of money you want to receive for preparation and filing of the Answer. Complete the information under this box indicating the date and manner in which you will provide a copy of your Answer, Writ of Garnishment and Notice to Judgment Debtor forms to the judgment debtor. Complete the information under this box indicating the date and manner in which you will provide a copy of your Answer to the judgment creditor. Date and sign your Answer where indicated in the presence of a Notary Public or Clerk of the Court.
(17)
(18) (19)
(20)
(21)
WHEN YOU HAVE COMPLETED THE ANSWER (NON-EARNINGS): Follow the steps on FORM 3, Instructions to the Garnishee (Non-Earnings).
NE 8150-054.03 INSTR Form 4 GARNISHEE'S ANSWER NON EARNINGS
PAGE 2 OF 2
(1) Person Filing: ______________________________________
Mailing Address: _________________________________ City, State, Zip Code: _____________________________ Daytime Phone: __________ Alternate Phone: __________ Representing: [ } Self [ ] Attorney [ ] Other State Bar No. (if applicable): ________________________
Maricopa County Justice Courts, State of Arizona
(2). ________________________________________________________________________________________
Court Name and address (5) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(8) Case No.: ____________________________
(7) Garnishee
Name: ____________________________________
(Address: _________________________________
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________ APPLICATION FOR GARNISHMENT JUDGMENT
City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ (NON-EARNINGS) (A.R.S. § 12-1584)
1. I am or I represent the judgment creditor in this action. I want the court to order judgment against garnishee as shown below: (9) (Check all boxes that apply and fill in blanks for each box checked) [ ] The Answer states garnishee withheld money belonging to the judgment debtor from which my claim can be paid. The amount withheld is (10) $ ___________. I request judgment in the amount of (11) $ ___________. [ ] The Answer states garnishee is holding nonexempt personal property belonging to judgment debtor. I request: (check all that apply and fill in the blank for each box checked) [ ] That the following property be sold (12) ______________________________________________ And that I receive (13) $ ___________ from the sale proceeds. [ ] That the following property be transferred to me: (14) _______________________________________________________________________________________. [ ] The Answer states judgment debtor owns shares or other interest in garnishee corporation. I request that these shares or other interest be sold, and that I receive: (15) $ ___________ from the sale proceeds. [ ] I am entitled to (16) $ ___________ for service of the Writ as stated on the affidavit of service and other allowable costs to be taxed against the judgment debtor. [ ] Neither an Answer nor objection was filed by the garnishee within the time required by law. A hearing was held on (17) ____________________. Therefore, I request judgment against the garnishee for the entire balance due me on the underlying judgment in the amount of (18) $ ___________ . (19) Copy of the Application for Garnishment Judgment and the unsigned garnishment Judgment provided to judgment debtor on: Date: ____________________ By: [ ] Mail [ ] Hand Delivery (20) Copy of the Application for Garnishment Judgment and the unsigned garnishment Judgment provided to garnishee on: Date: ____________________ By: [ ] Mail [ ] Hand Delivery
(21) Date: ____________________ Signature of Judgment Creditor or Authorized Agent
NE 8150-055.01 FORM 5 APPLICATION FOR GARNISHMENT JUDGMENT NON EARNINGS R:01-01-2008 Page 1 of 1
MARICOPA COUNTY JUSTICE COURTS
INSTRUCTIONS FORM 5 APPLICATION FOR GARNISHMENT JUDGMENT (NON-EARINGS) WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 5 IF: You are the judgment creditor or you represent the judgment creditor, and You have received the garnishee's Answer indicating the garnishee is holding property or money other than earnings belonging to the judgment debtor. The judgment debtor has not filed an Objection and Request for Hearing and Notice of Hearing within 10 days of the filing of Garnishee's Answer, or The garnishee has not filed an Answer or filed an objection within the time required by law and a hearing was held on garnishee's failure to answer or object. TO COMPLETE FORM 5 YOU WILL NEED: Information appearing on the garnishee's Answer (if available). Information appearing on the Writ of Garnishment and Summons. To know the amount of money you paid to serve the Writ of Garnishment and Summons. HOW TO COMPLETE FORM 5: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Application for Garnishment Judgment (Non-Earnings). (1) Type or print the name, mailing address and the phone number(s) of the person filing this form. If you are representing yourself in this matter, check the box before "Self." If you are representing a judgment creditor and you are not an attorney, check the box before "Other." Please note: A party to a lawsuit may represent him/herself or be represented by an attorney. A corporation may be represented by an attorney or a duly authorized officer of the corporation (if the officer's primary duties are other than representing the corporation in Court). A partnership may be represented by an attorney or one or more partners. A power of attorney does not give the person a right to represent another party in a lawsuit. Lines 2 through 8 are know as the caption. You must complete this portion if not already filled in. (2) Check the appropriate box that identifies the Court in which you are filing this application for Garnishment Judgment. If you checked this box, type or print the name of the Justice Court precinct in which you are filing the Application for Garnishment Judgment and the name of the county in which the Court is located. (5) Type or print the name, mailing address and, if known the phone number(s) of the petitioner/ plaintiff on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment creditor or judgment debtor in this garnishment action. (6) Type or print the name, mailing address and, if known, phone number(s) of the respondent/ defendant on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment debtor or judgment creditor in this garnishment action.
NE 8150-055.02 INSTR Form 5 APPL GARN JUDGMENT NON EARNINGS R:01-01-2008
Page 1 of 2
MARICOPA COUNTY JUSTICE COURTS
(7) Type or print the name, mailing address and, if known, phone number(s) of the person or company (garnishee) that is holding personal property or money other than wages belonging to the judgment debtor that you are seeking to collect in this lawsuit. Include the name of the person's attorney, if known. (8) Type or print the case number assigned by the Court to this garnishment action. (9) Check all the boxes that apply and fill in the blanks for each box checked. (10) If this statement applies to you, type or print the amount stated in Garnishee's Answer as the amount of money being withheld pursuant to the Writ. (11) Type or print the amount you are seeking to collect, if the Garnishee's Answer indicates the garnishee is holding at least this much money for the judgment debtor. If the garnishee is holding less than the amount you are seeking to collect, then type or print the amount stated in item (10) (12) If you wish to have some or all of the property sold, type or print a description of the nonexempt personal property identified as being held in the Garnishee's Answer. (13) Type or print the amount you are seeking to collect, if the Garnishee's Answer indicates the garnishee is holding property valuable enough to cover your judgment. If the property held by the garnishee is worth less than the amount you are seeking to collect, then type or print the value of the property to be sold. (14) If you wish to have some or all of the property transferred to you without being sold, type or print a description of the nonexempt personal property identified on the Garnishee's Answer as the property being held which you want. (15) Type or print the amount you are seeking to collect, if the Garnishee's Answer indicates the garnishee is a corporation withholding shares of stock or other interest of the judgment debtor valuable enough to cover your judgment. If the shares or interest are not valuable enough to cover the amount owed to you, then type or print the value of the shares or interest. (16) Type or print the amount of money you paid to serve the Writ of Garnishment and Summons on the garnishee and the amount of the fee you paid the Court for issuing the Writ of Garnishment and Summons. (17) If this statement applies, type or print the date on which the order to show cause hearing was held. (18) Type or print the total amount of the judgment you are seeking to collect from the judgment debtor. (19) Complete the information under this box indicating the date and manner in which you will provide a copy of your Application for Garnishment Judgment and a copy of the unsigned Garnishment Judgment to the judgment debtor. (20) Complete the information under this box indicating the date and manner in which you will provide a copy of your Application for Garnishment Judgment and a copy of the unsigned Garnishment Judgment to the garnishee. (21) Date and sign the form where indicated. WHEN YOU HAVE COMPLETED THIS APPLICATION FOR GARNISHMENT JUDGMENT: Complete the Garnishment Judgment form. Follow the steps on the Process Checklist.
NE 8150-055.03 INSTR Form 5 APPL GARN JUDGMENT NON EARNINGS R:01-01-2008 Page 2 of 2
Maricopa County Justice Courts, State of Arizona
SELECT A COURT FROM THE DROP DOWN ARROW AT RIGHT >>>>>
Petitioner Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor Name: Address: City, State, Zip Code: Phone(s): Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor Name: Address: City, State, Zip Code: Phone(s): GARNISHMENT JUDGMENT Case No.: Garnishee Name: Address: City, State, Zip Code: Phone(s): Attorney: (NON-EARNINGS) (A.R.S. § 12-1571 thru 1574) and the following is
This court issued a Writ of Garnishment to garnishee for $ shown from the Answer:
Garnishee owes judgment debtor $ THEREFORE, IT IS ORDERED that judgment creditor has judgment against garnishee for $ plus costs, interest and attorney's fees in the amount of $ Total: $ Garnishee has the following nonexempt property belonging to judgment debtor: THEREFORE, IT IS ORDERED that this property be sold under a special writ of execution for the benefit of creditor. Judgment debtor owns this stock or interest in garnishee corporation: THEREFORE, IT IS ORDERED that said interest be sold under a special writ of execution for the benefit of creditor. Garnishee has failed to answer and a default has been entered. THEREFORE, IT IS ORDERED that creditor have judgment against garnishee for $ and attorney fees of $ IT IS FURTHER ORDERED awarding Garnishee the sum of $ compensation for answering the Writ, said sum to be paid by Garnishee from the funds subject to garnishment. for reasonable or withheld by
IT IS FURTHER ORDERED taxing the cost of the application for the Writ in the amount of $ and the cost of issue and service of the Writ in the amount of $ against
Garnishee is not indebted to nor in possession of property of judgment debtor. THEREFORE, IT IS ORDERED that garnishee is discharged. Upon filing the satisfaction of this judgment, garnishee is released from the Writ of Garnishment issued on:
Date: Justice of the Peace
NE 8150-056.01 FORM 6 - GARNISHMENT JUDGMENT
R: 04-01-2009
INSTRUCTIONS FORM 6 GARNISHMENT JUDGMENT (NON-EARNINGS) WARNING! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 6 IF: o You are the judgment creditor, or you represent the judgment creditor o You have prepared an Application for Garnishment Judgment (Form 5) to accompany this form. TO COMPLETE FORM 6 YOU WILL NEED: o Information from the Writ of Garnishment and Summons. o Information from the Garnishee's Answer. HOW TO COMPLETE FORM 6: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Garnishment Judgment (Non-Earnings). Lines 1 through 7 are known as the caption. You must complete this portion if not already filled in. (1) Type or print the name of the Justice Court precinct in which you are filing the Garnishment Judgment and the name of the county in which the Court is located. (4) Type or print the name, mailing address and, if known the phone number(s) of the petitioner/plaintiff on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment creditor or judgment debtor in this garnishment action. (5) Type or print the name, mailing address and, if known, phone number(s) of the respondent/defendant on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment debtor or judgment creditor in this garnishment action. (6) Type or print the name, mailing address and, if known, phone number(s) of the person or company (garnishee) that is holding personal property or money other than wages belonging to the judgment debtor that you are seeking to collect in this lawsuit. Include the name of the person's attorney, if known. (7) Type or print the case number assigned by the Court to this garnishment action. (8) Type or print the amount of money appearing on the Writ of Garnishment as the amount owed to you by the judgment debtor. (9) Check all boxes that apply to your situation and fill in the blanks for each box you have checked. (10) If you checked this box, type or print the dollar amount of the money owed by the garnishee to the judgment debtor. This amount should be stated in Garnishee's Answer. (11), (12) & (13) If you checked this box, leave these items blank, the Court will complete them as appropriate. (14) If you checked this box, provide a description of the personal property items or groups of items as they appear in the Garnishee's Answer. Attach a separate list if necessary. (15) If you checked this box, provide a description of the corporate interest or shares as they appear on the Garnishee's Answer. (16) through (22) If you checked this box, leave these lines blank, the Court will complete them as appropriate. (23) Type or print the date the Writ of Garnishment was signed by the judicial officer or clerk. WHEN YOU HAVE COMPLETED THIS GARNISHMENT JUDGMENT: o File this form with the Clerk's filing counter along with your Application for Garnishment Judgment (FORM 5) and deliver a copy to the garnishee and judgment debtor. o Follow the steps on the Process Checklist. WARNING If the garnishee does not receive a signed copy of the Garnishment Judgment within 90 days of filing the Garnishee's Answer, you cannot get your money or property without filing a new Application for Writ of Garnishment and Summons. If you do not receive the signed Garnishment Judgment from the Court within 10 days of filing, contact the Court.
NE 8150-056.02 INSTR FORM 6 - GARNISHMENT JUDGMENT - NON EARNINGS R:04-01-2008 Page 1 of 1
Maricopa County Justice Courts, State of Arizona
(4) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(5) Respondent/ Defendant Judgment Debtor [ ] Judgment Creditor [ ]
(7) Case No.: _________________________ (6) Garnishee Name: ____________________________________ Address: __________________________________ City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ (NON-EARNINGS) A.R.S. § 12-1571 thru 1574)
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
NOTICE TO JUDGMENT DEBTOR OF GARNISHMENT AVISO
El tribunal ha ordenado que su empleador tome un parte de su sueldo y que pague a su acreedor hasta terminado el proceso en contra suya y este pagada la dueda. En conformidad con la ley, su acreedor tiene el derecho a "solo una parte" de su salario. A continua con figura una explicacion de sus derechos. Ud. puede obtener una traduccion en Espanol del tribunal. NOTICE TO JUDGMENT DEBTOR OR DEFENDANT You are hereby notified that this Court has issued an order in the above case in favor of the judgment creditor in this proceeding, directing that some of your money, property or corporate shares or interest be used to satisfy some of your debt to the judgment creditor. The order was issued to enforce the judgment creditor's judgment, support order or provisional remedy order against you that was obtained: (8) (name of Court) __________________________________________________________________________ (9) (case number) __________________________________________ on (10) (date of judgment or order) ______________________________________. A copy of the judgment or order is attached. The law provides that monies from certain benefits or in certain amounts are free from the claims of creditors even if deposited in a bank, savings and loan association or credit union. Some examples of exempt monies appear later in this notice. The law also provides that certain personal property is exempt from the claims of creditors. Some examples of exempt property appear later in this notice. The creditor named above says you haven't paid what you owe on the attached judgment or order. At the creditor's request, this Court issued a Writ of Garnishment (attached) to the garnishee named above. The writ says that some of your money or property now held by the garnishee will be withheld and may be turned over to the creditor to satisfy your debt. Within ten days after being served with the Writ of Garnishment the garnishee who is holding your money or personal property is required to mail or deliver to you his answer stating what money or personal property he is withholding from you for the judgment creditor pursuant to the Writ. You may object to the garnishment or file a claim of exemption by requesting a hearing with this Court, if you believe any of the following is true:
NE 8150-057.01 Form 7 NOTICE TO JUDGMENT DEBTOR OF GARNISHMENT R:01-01-2008 Page 1 OF 2
Case No. (7) ____________________________ 1. The judgment creditor does not have a valid provisional remedy order or support order or judgment against you or that the debt or judgment has been paid in full. 2. Some or all of the monies that are being withheld by the garnishee may be exempt monies. The following are examples that may be exempt monies: (a) One hundred fifty dollars in a bank, savings and loan association or credit union account. (Three hundred dollars for married account holders.) (b) (c) (d) (e) (f) (g) (h) Temporary assistance for needy families. Supplemental security income (SSI). Social security benefits (SSA). Veterans' administration benefits (VA). Certain pension benefits and retirement funds. Workers' compensation benefits. Some insurance proceeds.
Other state and federal exemptions may apply. Certain exemptions may not apply to support orders or to the collection of taxes. An attorney can assist you in determining what monies are exempt. 3. Some or all of the personal property being withheld by the garnishee may be exempt property. Examples of exempt personal property are: (a) (b) Household goods, furniture and appliances. Up to $5,000 equity value for each owner of a car or truck. ($10,000 equity value if the owner is physically disabled). (c) (d) Wearing apparel, musical instruments, televisions or stereos and other personal items. Tools and equipment used in a commercial activity, trade, business or profession.
These exemptions are limited in statute by description and dollar value. An attorney can assist you in determining what personal property is exempt. A comprehensive listing of exemptions is available from the website for the U.S. Bankruptcy Court for the District of Arizona, http://www.azb.uscourts.gov/Documents/arizona_exemptions.pdf 4. More than fifteen days have passed since the garnishee was served with the Writ and you have not yet received the Garnishee's Answer. 5. You otherwise disagree with the Answer of the garnishee. To request a hearing, deliver the request for hearing form enclosed, or a substantially similar form to the Court Clerk's office. At the same time, you must mail or deliver a copy (photocopy or handwritten copy) of the request for hearing to the judgment creditor and the garnishee at the address stated in the Writ. If you do not deliver the request for hearing form to this Court within ten days after the date you receive the Answer of garnishee, your request for hearing will be denied, unless a good reason for the delay, acceptable to the Court, is shown. If you request a hearing it will be held no later than five days, not including weekends and holidays, after your request is received by the Court. If appropriate, you may request a hearing before the garnishee files his Answer. The Court will notify you and the other parties of the time and date of the hearing. You may attend the hearing with or without an attorney. WARNING: if you want a hearing, the Court must receive the hearing request form within ten (10) days after you get Garnishee's Answer. If you don't get the request in on time, you won't get a hearing unless there is a very good reason why you're late.
NE 8150-057.02 Form 7 NOTICE TO JUDGMENT DEBTOR OF GARNISHMENT R:01-01-2008 Page 1 OF 2
INSTRUCTIONS
FORM 7
NOTICE TO JUDGMENT DEBTOR OF GARNISHMENT (NON-EARNINGS) WARNING !
ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 7 IF: · You are a judgment creditor or you represent a judgment creditor · You are seeking to collect a money judgment from a third party who holds personal property or money, other than wages, belonging to the judgment debtor. · You have obtained a Writ of Garnishment and Summons from the Court. TO COMPLETE FORM 7 YOU WILL NEED: · Information on the Writ of Garnishment and Summons (Non-Earnings) which you obtained from the Court. · Information on the judgment or order you are seeking to collect. HOW TO COMPLETE FORM 7: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Notice to Judgment Debtor of Garnishment (Non-Earnings). Lines 1 through 7 are known as the caption. You must complete this portion if not already filled in. (1, (2)or (3) Check the appropriate box that identifies the Court in which you filed the garnishment. (1) If you checked this box, type or print the name of the Justice Court precinct in which you filed the garnishment and the name of the county in which the Court is located. (4) Type or print the name, mailing address and, if known the phone number(s) of the petitioner/plaintiff on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment creditor or judgment debtor in this garnishment action. Type or print the name, mailing address and, if known, phone number(s) of the respondent/defendant on the judgment or order you are seeking to collect. Check the box to indicate whether this party is the judgment debtor or judgment creditor in this garnishment action. Type or print the name, mailing address and, if known, phone number(s) of the person or company (garnishee) that is holding personal property or money other than wages belonging to the judgment debtor that you are seeking to collect in this lawsuit. Include the name of the person's attorney, if known. Type or print the case number assigned by the Court to this garnishment action. Type or print the name of the Court that issued the judgment or order you are seeking to collect. Type or print the case number of the judgment or order you are seeking to collect. Type or print the date the judge signed the judgment or order you are seeking to collect.
(5)
(6)
(7) (8) (9) (10)
WHEN YOU HAVE COMPLETED THE NOTICE TO JUDGMENT DEBTOR (NON-EARNINGS): Once you have received the Writ of Garnishment and Summons from the Court, you must promptly deliver to the garnishee the following forms and/or documents, some of which are to be filled out by you:
· · · · · · ·
Two copies of this Notice to Judgment Debtor Two copies of the Writ of Garnishment and Summons signed by the Court One copy of the Instructions to Garnishee provided for by A.R.S. §12-1596. Four copies of a Garnishee's Answer (FORM 4) (to be filled out by the garnishee) Two copies of a Request for Hearing on Garnishment (Non-Earnings)(FORM 8) Two copies of a Notice of Hearing on Garnishment (Non-Earnings)(FORM 9) (to be filled out by the judgment debtor) One copy of the original judgment or order you are seeking to collect. Follow the other steps on the Process Checklist.
NE 8150-057.03 INSTR Form 7 NOTICE TO JUDGMENT DEBTOR OF GARNISHMENT
R01-01-08
Page 1 OF 1
(1) Person Filing: ______________________________________
Mailing Address: _________________________________ City, State, Zip Code: _____________________________ Daytime Phone: __________ Alternate Phone: __________ Representing: [ } Self [ ] Attorney [ ] Other State Bar No. (if applicable): ________________________
Maricopa County Justice Courts, State of Arizona
(2). ________________________________________________________________________________________
Court Name and address (5) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(8) Case No.: ____________________________
(7) Garnishee
Name: ____________________________________
(Address: _________________________________
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ (NON-EARNINGS)
REQUEST FOR HEARING ON GARNISHMENT
I am the judgment debtor or I represent the judgment debtor in this action. I want a hearing on this garnishment because: (9) (Check all that apply) [ ] Creditor doesn't have a valid judgment against me because (10) _____________________________________ _________________________________________________________________________________________ [ ] The judgment has been paid. [ ] Exempt money is being garnished: [ ] $150 ($300/married) in a bank, savings and loan or credit union. [ ] Temporary assistance for needy families, social security, supplemental security income or veterans' benefits. [ ] Other pension or retirement benefits. [ ] Workers' compensation or other insurance benefits. [ ] (11) Other: ____________________________________________________________________________. [ ] Exempt personal property is being garnished: [ ] Household goods, furnishings or appliances. [ ] A car or truck with equity under $5,000 ($10,000 if owner is disabled). [ ] Personal items. [ ] Tools and equipment of a trade. [ ] (12) Other: ____________________________________________________________________________ [ ] Garnishee's Answer is not correct because (13) __________________________________________________ _________________________________________________________________________________________
NE 8150-058.01 FORM 8 REQUEST FOR HEARING NON EARNINGS
R:01-01-2008
Page 1 of 2
Case No. (8) _________________________ [ ] No answer was received within 15 days. [ ] (14) Other: _______________________________________________________________________________
(15) Copy provided to judgment creditor on: Date: By: [ ] Mail [ ] Hand delivery
(16) Copy provided to garnishee on: Date: By: [ ] Mail [ ] Hand delivery
The Court can call me at (17) ___________________________________ between 8 a.m. and 5 p.m. regarding the hearing, if necessary. (phone)
(18)____________________ Date
__________________________________________________________ Judgment Debtor or Authorized Agent
WARNING: To request a hearing, this document, or one similar, must be received by the Court within 10 business days after your receipt of the Garnishee's Answer unless good reason for the delay is shown.
NE 8150-058.02 FORM 8 REQUEST FOR HEARING NON EARNINGS
R:01-01-2008
Page 2 of 2
MARICOPA COUNTY JUSTICE COURTS
INSTRUCTIONS
FORM 8
REQUEST FOR HEARING ON GARNISHMENT (NON-EARNINGS)
WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 8 IF: · You are a judgment debtor or you represent a judgment debtor. · You wish to request a hearing for one of the reasons listed on FORM 8. TO COMPLETE FORM 8 YOU WILL NEED: · Information on the Writ of Garnishment and Summons (Non-Earnings). · Information on the Garnishee's Answer. HOW TO COMPLETE FORM 8: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Request for Hearing on Garnishment (Non-Earnings). (1) Type or print the name, mailing address and phone number(s) of the person filing this form. If you are representing yourself in this matter, check the box before "Self." Check the box before "Other" if you represent a judgment debtor but you are not an attorney and you are permitted by law to do so. A party to a garnishment may represent him/herself or be represented by an attorney. A power of attorney does not give the person a right to represent another party in a lawsuit. In Justice Courts only, a corporation may be represented not only by an attorney but also by a duly authorized officer of the corporation (if the officer's primary duties are other than representing the corporation in Court). A partnership may be represented by an attorney or one or more partners. Lines 2 through 8 are known as the caption. You must complete this portion if not already filled in. (2) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) Type or print the name of the Justice Court precinct in which you are filing this Request for Hearing and the name of the county in which the Court is located. Type or print the petitioner/plaintiff's name as it appears on the Writ, mailing address and phone number(s). Check the box indicating whether this party is the judgment creditor or judgment debtor, as shown on the Writ. Type or print the respondent/defendant's name as it appears on the Writ, mailing address and phone number(s). Check the box indicating whether this party is the judgment debtor or judgment creditor, as shown on the Writ. Type or print the garnishee's name as it appears on the Writ, mailing address, phone number(s), and attorney (if known). Type or print the case number appearing on the Writ. Check all boxes that apply and fill in the blanks for each box checked. If you checked this box, type or print the reason you believe that the judgment creditor does not have a valid judgment against you. If you checked this box, type or print the reason you believe exempt money is being garnished. If you checked this box, type or print the reason you believe exempt personal property is being garnished. If you checked this box, type or print the reason you believe Garnishee's Answer is incorrect. If you checked this box, type or print the reason you want a hearing. Complete the information under this box indicating the date and manner in which you will provide a copy of your Objection and Request for Hearing to the judgment creditor. Complete the information under this box indicating the date and manner in which you will provide a copy of your Objection and Request for Hearing to the garnishee. The court may need to contact you regarding your hearing. Provide a phone number where you can be contacted between 8 a.m. and 5 p.m. Date and sign the Objection and Request for Hearing form.
WHEN YOU HAVE COMPLETED THE REQUEST FOR HEARING: File this form with the Clerk's filing counter along with a Notice of Hearing on Garnishment (Non-Earnings) (FORM 9). At the same time, you must mail or deliver a copy of the Request for Hearing (FORM 8) to the judgment creditor and the garnishee.
NE 8150-058.03 INSTR Form 8 REQUEST FOR HEARING ON GARNISHMENT NON EARNINGS R:01-01-2008 PAGE 1 OF 1
Maricopa County Justice Courts, State of Arizona
REQUESTS FOR REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE COURT AT LEAST 3 JUDICIAL DAYS IN ADVANCE OF THE SCHEDULED HEARING
CASE NUMBER:
Judgment Creditor(s)
Judgment Debtor(s) ATTORNEY or REPRESENTATIVE of
GARNISHEE NOTICE OF HEARING ON GARNISHMENT The Judgment Creditor Judgment Debtor Earnings Garnishee Non-Earnings
has filed a Request for Hearing.
A copy of the request / petition filed, stating the issue objected to, is attached. This matter is set for a hearing in this court, named above, at the following date and time: Date Time
Bring to the Court hearing any documents or exhibits you want to use as evidence in your case. If any party fails to appear after proper notice, the Court may: > Take evidence and/ or oral testimony from any party who does appear > Make a decision based on the information provided in the documents filed and testimony and evidence presented at the hearing > Inform the parties present of the decision and sign appropriate orders Failure to appear could result in costs and attorney fees being assessed against you. If you are found to be in contempt the petitioner may be entitled to compensation of actual losses and an additional amount for sanctions. Be in court at least 15 minutes before the scheduled hearing / trial. YOU MUST CHECK IN AT THE FRONT COUNTER BEFORE ENTERING THE COURTROOM. The matter will not be postponed except for good reason filed in writing with the court and granted by the judge. Any agreement of the parties to continue the scheduled court date must also be supported by good reason and approved by the judge.. Date: Justice of the Peace CERTIFY that I mailed / delivered a copy of the HEARING REQUEST and NOTICE OF COURT DATE to: Creditor at the above address or Debtor's attorney Debtor at the above address or Creditor's attorney Date: Garnishee at the above address or By: Clerk Garnishee's attorney
8150-009 FORM 9 - NOTICE OF HEARING R:02-12-2008
(1) Person Filing: ______________________________________
Mailing Address: _________________________________ City, State, Zip Code: _____________________________ Daytime Phone: __________ Alternate Phone: __________ Representing: [ } Self [ ] Attorney [ ] Other State Bar No. (if applicable): ________________________
Maricopa County Justice Courts, State of Arizona
(2) COURT NAME: ____________________________________________________________________________
(5) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(8) Case No.: ____________________________
(7) Garnishee
Name: ____________________________________
(Address: _________________________________
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ (NON-EARNINGS)
PETITION FOR ORDER TO SHOW CAUSE REGARDING GARNISHEE'S DEFAULT
I am the judgment creditor or authorized agent of the judgment creditor in this action. I want the Court to order the garnishee to appear and show cause why judgment should not be entered against the garnishee in the full amount of the judgment against the judgment debtor and why the garnishee should not pay costs of t his Petition and attorney's fees. The Petition is based on the following facts: 1. The Court issued a Writ of Garnishment to garnishee on (9) _____________. 2. Garnishee was served on (10) ___________, and Garnishee's Answer was due on (11) ____________. 3. Garnishee's Answer has not been filed with the Court or received by the judgment creditor. 4. Judgment debtor owes judgment creditor (12) $ _______________.
(13)_________________ Date
________________________________________________________ Judgment Creditor or Authorized Agent
NE 8150-060.01 Form 10 PETITION FOR ORDER TO SHOW CAUSE NON EARNINGS
R:01-01-2008
Page 1 of 1
MARICOPA COUNTY JUSTICE COURTS
INSTRUCTIONS FORM 10 PETITION FOR ORDER TO SHOW CAUSE REGARDING GARNISHEE'S DEFAULT (NON-EARINGS) WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 10 IF: You are the judgment creditor or you represent the judgment creditor. The garnishee has failed to file a garnishee's Answer with the Court within 10 business days after receiving the Writ of Garnishment and Summons. TO COMPLETE FORM 10 YOU WILL NEED: Information from the judgment or order that awarded you the money you want to collect in this action. Information from the affidavit of service by the constable or private process server you paid to serve the Writ of Garnishment and Summons on the garnishee. HOW TO COMPLETE FORM 10: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Petition for Order to Show Cause Regarding Garnishee's Default. Lines 1 through 7 are known as the caption. You must complete this portion if not already filled in. (1) Type or print the name, mailing address and the phone numbers of the person filing this form. If you are representing yourself in this matter, check the box before "Self." If you are representing a judgment creditor but you are not an attorney and you are permitted by law to do so, check the box before "Other." (2) Check the appropriate box that identifies the Court in which you are filing this application for Garnishment Judgment. If you checked this box, type or print the name of the Justice Court precinct in which you are filing the Petition for Order to Show Cause and the name of the county in which the Court is located. (5) Type or print the petitioner/ plaintiff's name as it appears on the Writ, mailing address and phone number(s). Check the box to indicate whether this party is the judgment creditor or judgment debtor as shown on the Writ. (6) Type or print the respondent/ defendant's name as it appears on the Writ, mailing address and phone number(s). Check the box to indicate whether this party is the judgment debtor or judgment creditor as shown on the Writ (7) Type or print the garnishee's name as it appears on the writ, mailing address, phone number(s), and attorney (if known). (8) Type or print the case number assigned to this garnishment. (9) Type or print the date on which the Writ of Garnishment was signed by the Court. (10)Type or print the date garnishee was served with the Writ. (11)Type or print the date the Garnishee's Answer was due to be filed in Court (10 days after the garnishee was served). (12)Type or print the amount of money you are owed by the judgment debtor. (13)Date and sign your name where indicated. WHEN YOU HAVE COMPLETED THIS PETITION FOR ORDER TO SHOW CAUSE (NON-EARNINGS): File this form with the Clerk's filing counter along with an Order to Show Cause Regarding Garnishee's Default (FORM 11). Follow the steps on the Process Check List.
NE 8150-060.02 INSTR Form 10 PETITION FOR ORDER TO SHOW CAUSE NON EARNINGS R:01-01-2008 Page 1 of 1
Maricopa County Justice Courts, State of Arizona
Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor Name: Address: City, State, Zip Code: Phone(s): Respondent/Defendant [ ] Judgment Creditor [ ] Judgment Debtor Name: Address: City, State, Zip Code: Phone(s): Garnishee Name: Address: City, State, Zip Code: Phone(s): Attorney: Earnings Non-Earnings CASE NUMBER:
ORDER TO SHOW CAUSE REGARDING GARNISHEE'S DEFAULT
Judgment creditor has petitioned the Court for a show cause hearing. Garnishee has failed to answer, or otherwise respond to the Writ of Garnishment and is in default, GARNISHEE IS ORDERED TO APPEAR in this court at the following date and time and show cause, if any there may be, why judgment should not be entered against YOU, the garnishee, as shown in the Petition for Order to Show Cause, for the full amount of the judgment against the judgment debtor, OR, in lieu of appearing you must file an Answer with the court and deliver a copy to the judgment creditor no later than five (5) business days before this scheduled hearing. If an Answer is filed, check with the Court to confirm whether the hearing will proceed as scheduled, or will be vacated. This matter is set for hearing Date Time
Be in court at least 15 minutes before the scheduled hearing / trial. YOU MUST CHECK IN AT THE FRONT COUNTER BEFORE ENTERING THE COURTROOM. Bring to the Court hearing any documents or exhibits you want to use as proof in your case. If any party fails to appear at the hearing after proper notice, the Court may: · Take evidence and/or oral testimony from any parties who do appear · Make a decision based on the information provided in the documents filed and at the hearing · Inform the parties who are present of the decision and sign appropriate orders. A copy of this order shall be served upon the Garnishee at least 2 days before the time scheduled for the show cause hearing. A copy of Creditor's petition is attached. REQUESTS FOR REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE COURT AT LEAST 3 JUDICIAL DAYS IN ADVANCE OF THE SCHEDULED HEARING. If you require the services of an interpreter for a foreign language or for the hearing impaired, contact the Court immediately to determine whether accommodations can be made to assist you or to receive further information. Date: Justice of the Peace
8150- 86 R:01-01-2008 -FORM 11 -ORDER TO SHOW CAUSE (Non- Earnings) FORM 18 - ORDER TO SHOW CAUSE (Earnings)
(1) Person Filing: ______________________________________
Mailing Address: _________________________________ City, State, Zip Code: _____________________________ Daytime Phone: __________ Alternate Phone: __________ Representing: [ } Self [ ] Attorney [ ] Other State Bar No. (if applicable): ________________________
Maricopa County Justice Courts, State of Arizona
(2) COURT NAME: ____________________________________________________________________________
(5) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(8) Case No.: ____________________________
(7) Garnishee
Name: ____________________________________
(Address: _________________________________
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________ PETITION FOR ORDER DISCHARGING GARNISHEE
City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ c (NON-EARNINGS) c (EARNINGS
I am the judgment creditor or authorized agent of the judgment creditor in this action. I request that the garnishee be discharged.
(9) Copy provided to judgment debtor on: Date: By: [ ] Mail [ ] Hand delivery (10) )
Copy provided to garnishee on: Date: By: [ ] Mail [ ] Hand delivery
(9)_________________ Date
________________________________________________________ Judgment Creditor or Authorized Agent
NE 8150-062.01 FORM 12 PETITION FOR ORDER DISCHARGING GARNISHEE NON EARNINGS R:01-01-2008
Page 1 of 1
MARICOPA COUNTY JUSTICE COURTS
INSTRUCTIONS
FORM 12
PETITION FOR ORDER DISCHARGING GARNISHEE
WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 12 IF: · You are the judgment creditor or you represent the judgment creditor. · You want to terminate your garnishment action against a particular garnishee. TO COMPLETE FORM 12 YOU WILL NEED: · Information from the Writ of Garnishment and Summons. HOW TO COMPLETE FORM 12: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Petition for Order Discharging Garnishee. (1) Type or print the name, mailing address and phone number(s) of the person filing this form. If you are representing yourself in this matter, check the box before "Self." If you are representing a judgment creditor but you are not an attorney and you are permitted by law to do so, check the box before "Other." Lines 2 through 8 are known as the caption. You must complete this portion if not already filled in. (2) Type or print the name of the Justice Court precinct in which you are filing the Petition for Order Discharging Garnishee and the name of the county in which the Court is located. (5) Type or print the petitioner/plaintiff's name as it appears on the Writ, mailing address and phone number(s). Check the box to indicate whether this party is the judgment creditor or judgment debtor, as shown on the Writ. (6) Type or print the respondent/defendant's name as it appears on the Writ, mailing address and phone number(s). Check the box to indicate whether this party is the judgment debtor or judgment creditor, as shown on the Writ. (7) Type or print the garnishee's name as it appears on the Writ, mailing address, phone number(s), and attorney (if known). (8) Type or print the case number appearing on the Writ. (9) Complete the information in this box indicating the date and manner in which you will provide a copy of your Petition to the judgment debtor. (10) Complete the information in this box indicating the date and manner in which you will provide a copy of your Petition to the garnishee. (11) Date and sign the Petition for Order Discharging Garnishee where indicated. WHEN YOU HAVE COMPLETED THE PETITION: þ File this form with the Clerk's filing counter along with the Order Discharging garnishee (FORM 13).
NE 8150-062.02 INSTR FORM 12 PETITION FOR ORDER DISCHARGING GARNISHEE NON EARNINGS R:01-01-2008
Page 1 of 1
Maricopa County Justice Courts, State of Arizona
CASE NUMBER:
Judgment Creditor(s)
Name / Address
Judgment Debtor(s)
Name / Address
ATTORNEY or REPRESENTATIVE:
GARNISHEE
Name / Address
Account No. (if applicable)
ORDER DISCHARGING GARNISHEE
It appears from the answer of the garnishee,
Non-Earnings
That at the time the Writ was served, Garnishee did not owe nonexempt monies to the Judgment Debtor or did not have in his possession any nonexempt personal property of the judgment debtor. That ninety or more days have passed since the filing of garnishee's answer and no judgment or order has been entered against the garnishee. And, no written objection has been timely filed.
IT IS ORDERED, That the garnishment be quashed Discharging Garnishee. This discharge does not apply to monies or property held by a trustee in bankruptcy. This discharge does not apply to monies or property held under provisional remedies pursuant to Chapter 14 of this Title.
Other:
Date: Justice of the Peace
I CERTIFY that I mailed / delivered a copy of this Discharge ORDER to: Creditor at the above address or Creditor's attorney Date: By: Clerk
8150-063 R:3-20-2009
Debtor at the above address or Garnishee at the above address or
Debtor's attorney Garnishee's attorney
(1) Person Filing: ______________________________________
Mailing Address: _________________________________ City, State, Zip Code: _____________________________ Daytime Phone: __________ Alternate Phone: __________ Representing: [ } Self [ ] Attorney [ ] Other State Bar No. (if applicable): ________________________
Maricopa County Justice Courts, State of Arizona
(2) COURT NAME: ____________________________________________________________________________
(5) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(8) Case No.: ____________________________
(7) Garnishee
Name: ____________________________________
(Address: _________________________________
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________ REQUEST FOR HEARING 1. I am the: (9) (Check one) [ ] Judgment creditor or authorized representative [ ] Judgment debtor or authorized representative [ ] Garnishee or authorized representative 2. My request for hearing is based on the following: (10) (Check all that apply)
City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ (NON-EARNINGS)
[ ] The Writ of Garnishment is incorrect because (11) ______________________________________________ _____________________________________________________________________________________________ [ ] The Answer is incorrect because (12) ________________________________________________________ _____________________________________________________________________________________________ [ ] Garnishee has not turned over money or property. [ ] (13) Other reason(s) why I am requesting a hearing: _____________________________________________ ______________________________________________________________________________________________ (14) Copy provided to judgment debtor on: Date: By: [ ] Mail [ ] Hand delivery [ ] Constable or Process server (15) Copy provided to garnishee on: Date: By: [ ] Mail [ ] Hand delivery [ ] Constable or Process server (16) Copy provided to judgment creditor on: Date: By: [ ] Mail [ ] Hand delivery [ ] Constable or Process server
The Court can call me at (17) ___________________________________ between 8 a.m. and 5 p.m. regarding the hearing, if necessary. (phone) (18)____________________ Date __________________________________________________________ Signature
Page 1 of 1
NE 8150-064.01 FORM 14 REQUEST FOR HEARING NON EARNINGS R:01-01-2008
INSTRUCTIONS FORM 14 REQUEST FOR HEARING (NON-EARNINGS) WARNING ! ALL PARTIES TO A GARNISHMENT ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these laws and procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. USE FORM 14 IF: You are the judgment creditor or you represent the judgment creditor. You wish to request a hearing for one of the reasons listed on FORM 14. TO COMPLETE FORM 14 YOU WILL NEED: Information from the Writ of Garnishment and Summons (Non-Earnings). HOW TO COMPLETE FORM 14: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Petition for Order to Show Cause Regarding Garnishee's Default. Lines 2 through 8 are known as the caption. You must complete this portion if not already filled in. (2) Check the appropriate box that identifies the Court in which you are filing this application for Garnishment Judgment. If you checked this box, type or print the name of the Justice Court precinct in which you are filing the Petition for Order to Show Cause and the name of the county in which the Court is located. (5) Type or print the petitioner/ plaintiff's name as it appears on the Writ, mailing address and phone number(s). Check the box to indicate whether this party is the judgment creditor or judgment debtor as shown on the Writ. (6) Type or print the respondent/ defendant's name as it appears on the Writ, mailing address and phone number(s). Check the box to indicate whether this party is the judgment debtor or judgment creditor as shown on the Writ (7) Type or print the garnishee's name as it appears on the Writ, mailing address, phone number(s), and attorney (if known). (8) Type or print the case number appearing on the Writ. (9) Check the box that applies to you. (10)Check the box(es) that describes the basis for your objection(s). (11)If you checked this box, type or print your reason for believing the Writ of Garnishment is incorrect. (12)If you checked this box, type or print your reason for believing the Answer is incorrect. (13)If you checked this box, type or print your other reason for requesting a hearing. (14)Do not complete this box if you are the judgment debtor. If you are the judgment creditor or garnishee, complete the information in this box indicating the date and manner in which you will provide a copy of your Request for Hearing to the judgment debtor. (15)Do not complete this box if you are the garnishee. If you are the judgment debtor or garnishee, complete the information in this box indicating the date and manner in which you will provide a copy of your Request for Hearing to the judgment creditor. (16)Do not complete this box if you are the judgment creditor. If you are the judgment debtor or garnishee, complete the information in this box indicating the date and manner in which you will provide a copy of your Request for Hearing to the judgment creditor. (17)The court may need to contact you regarding your hearing. Provide a phone number where you can be contacted between 8 a.m. and 5 p.m. (18)Date and sign the form where indicated.
WHEN YOU HAVE COMPLETED THE REQUEST FOR HEARING (NON-EARNINGS): File this form with the Clerk's filing counter with A COPY OF THE Notice of Hearing (FORM 15). At the same time, you must mail or deliver a copy of the Request for Hearing form to the other parties.
NE 8150-064.02 INSTR FORM 14 REQUEST FOR HEARING NON EARNINGS R:01-01-2008 Page 1 of 1
Maricopa County Justice Courts, State of Arizona
REQUESTS FOR REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE COURT AT LEAST 3 JUDICIAL DAYS IN ADVANCE OF THE SCHEDULED HEARING
CASE NUMBER:
Judgment Creditor(s)
Judgment Debtor(s) ATTORNEY or REPRESENTATIVE of
GARNISHEE NOTICE OF HEARING ON GARNISHMENT The Judgment Creditor Judgment Debtor Earnings Garnishee Non-Earnings
has filed a Request for Hearing.
A copy of the request / petition filed, stating the issue objected to, is attached. This matter is set for a hearing in this court, named above, at the following date and time: Date Time
Bring to the Court hearing any documents or exhibits you want to use as evidence in your case. If any party fails to appear after proper notice, the Court may: > Take evidence and/ or oral testimony from any party who does appear > Make a decision based on the information provided in the documents filed and testimony and evidence presented at the hearing > Inform the parties present of the decision and sign appropriate orders Failure to appear could result in costs and attorney fees being assessed against you. If you are found to be in contempt the petitioner may be entitled to compensation of actual losses and an additional amount for sanctions. Be in court at least 15 minutes before the scheduled hearing / trial. YOU MUST CHECK IN AT THE FRONT COUNTER BEFORE ENTERING THE COURTROOM. The matter will not be postponed except for good reason filed in writing with the court and granted by the judge. Any agreement of the parties to continue the scheduled court date must also be supported by good reason and approved by the judge.. Date: Justice of the Peace CERTIFY that I mailed / delivered a copy of the HEARING REQUEST and NOTICE OF COURT DATE to: Creditor at the above address or Debtor's attorney Debtor at the above address or Creditor's attorney Date: Garnishee at the above address or By: Clerk Garnishee's attorney
8150-009 FORM 9 - NOTICE OF HEARING R:02-12-2008
(1) Person Filing: ______________________________________
Mailing Address: _________________________________ City, State, Zip Code: _____________________________ Daytime Phone: __________ Alternate Phone: __________ Representing: [ } Self [ ] Attorney [ ] Other State Bar No. (if applicable): ________________________
Maricopa County Justice Courts, State of Arizona
(2) COURT NAME: ____________________________________________________________________________
(5) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
(6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor
(8) Case No.: ____________________________
(7) Garnishee
Name: ____________________________________
(Address: _________________________________
Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ Phone(s): _____________________________________
City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________
SATISFACTION OF JUDGMENT
I am the judgment creditor or authorized agent of the judgment creditor in this action. The Judgment entered in this action has been satisfied.
(9)_________________ Date
________________________________________________________ Judgment Creditor or Authorized Agent
(10) Copy provided to judgment debtor on: Date: By: [ ] Mail [ ] Hand delivery
(11) Copy provided to garnishee on: Date: By: [ ] Mail [ ] Hand delivery
8150-066 FORM 16 SATISFACTION OF JUDGMENT NON EARNINGS R:01-01-2008
Page 1 of 1
Free Maricopa County Justice Courts, State of Arizona - Arizona
| File Size: | 855.7 kB |
| Pages: | 36 |
| Date: | July 17, 2009 |
| File Format: | |
| State: | Arizona |
| Category: | Court Forms - Local |
| Author: | Connie Randall |
| Word Count: | 16,245 Words, 108,649 Characters |
| Page Size: | Letter (8 1/2" x 11") |
| URL |
http://www.superiorcourt.maricopa.gov/justiceCourts/docs/GarnishNonEarnings.pdf |
| Download Maricopa County Justice Courts, State of Arizona ( 855.7 kB) |
Preview Maricopa County Justice Courts, State of Arizona
Popular Searches
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms