Maricopa County Justice Courts, State of Arizona FILING A GARNISHMENT (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 # Overview of Form Use – each form is necessary for use at different steps during the garnishment process. Form Name 1 2 Introduction to Garnishment Earnings Process Checklist for the Judgment Creditor Application for Writ of Garnishment Writ of Garnishment and Summons 3 Application for Continuing Lien 4 Order of Continuing Lien 5 6 7 8 9 INSTRUCTIONS TO GARNISHEE Garnishee’s Answer 10 Initial 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.) Second Notice to Judgment Debtor of Garnishment 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 You will need to file this with the court at a later time (after the Garnishee has filed an Answer and it is determined earnings are subject to a continuing lien) File this with the court when you file the Application for Continuing Lien Served on the Garnishee Served on the Garnishee Served on the Judgment Debtor Served on the Judgment Debtor Served on the Garnishee (who will serve it on judgment debtor) Served on the Garnishee (who will serve it on judgment debtor) Served on the Garnishee (who will serve it on both judgment debtor and judgment creditor) 11 (Second) Request for Hearing 12 Garnishee’s Nonexempt Earnings Statement 13 14 (This form is not applicable to Justice Court garnishments and is not included in your packet.) Request for Hearing on Nonexempt Earnings Statement 15 Creditor’s Garnishment report 16 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) 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 default action against the Garnishee. 19 Petition for Order Discharging Garnishee You may need this form to release the garnishee from the garnishment action. 20 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) You will need this form if you file a Petition to Discharge garnishee. 21 Certificate of Service 22 Satisfaction of Judgment Use this form if you opt to serve judgment debtor with forms 2, 7 and 8 by 1st class mail or personal delivery (this form is not required if service will be made by a process server or constable) You will need to file this form with the court when the judgment is paid in full 17 18 Served on the Garnishee (who will serve it on judgment debtor) You will need this at a later time (to make a report to both the judgment debtor and the garnishee Other forms are available online and at the courts: http://www.supreme.state.az.us/selfserv/garnishment.htm http://www.superiorcourt.maricopa.gov/justiceCourts/CourtForms/#e 8150-097 – LIST OF PACKET FORMS – EARNINGS R: 03-13-2009 American LegalNet, Inc. www.FormsWorkFlow.com 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. 8150-099 INTRODUCTION TO GARNISHMENT R:01-01-2008 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS PROCESS CHECK LIST FOR THE JUDGMENT CREDITOR GARNISHMENT OF 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 for a judgment creditor who wishes to collect a money judgment from a judgment debtor’s “earnings.” The term “earnings” refers to compensation payable for work performed by the judgment debtor and not yet paid by the employer (see A.R.S. § 12-1598(4) for further information). Some examples of earnings include wages, salaries, commissions, bonuses or other compensation. Generally only 25% of a judgment debtor’s disposable earnings may be garnished. If a judgment debtor proves extreme financial hardship, a judicial officer may reduce this percentage to not less than 15% (see A.R.S. §§ 12-1598.10 and 33-1131 for more information). A judgment debtor’s earnings may not be garnished if: • • • • The judgment debtor’s earnings are already being garnished and the statutory maximum has been reached The judgment debtor has a pending bankruptcy proceeding The money judgment has been discharged in a bankruptcy proceeding At the time the writ was served, the debt was subject to an effective agreement for debt scheduling between the judgment debtor and a qualified debt counseling organization • All available wages are exempt from collection To begin your garnishment action, read through this Process Check List and all the forms and instructions in the packet. There are separate instructions for each form in this packet. Do not fill in any unnumbered blanks when completing forms. [ ] STEP 1: Complete FORMS 1 & 2 and fill out the captions on the other forms needed for your case Fill out the Application for Writ of Garnishment (FORM 1) and the Writ of Garnishment and Summons (Earnings)(FORM 2). Do not fill in any unnumbered blanks. You must also fill out the caption -- and only the caption -- on FORMS 6, 8, 9, 10, 11, 14, and FORM 12 (see STEP 2 for more information about which form to use). [ ] STEP 2: Take your forms to the Court for filing When you have filled out the forms identified in STEP 1, take them to the Court Clerk at the Court in which you are filing your garnishment proceeding. You will need to bring multiple copies of some forms. The following list will help you identify which forms and how many copies of each to bring with you to the Clerk’s Office: [ ] FORM 1 Application for Writ of Garnishment – original only [ ] FORM 2 Writ of Garnishment and Summons (Earnings) – original and 3 copies [ ] FORM 5 Instructions to Garnishee (Earnings) – 1 copy [ ] FORM 6 Garnishee’s Answer (Earnings) – 4 copies [ ] FORM 8 Request for Hearing on Garnishment (Earnings)(A.R.S. §12-1590.16(C)) – 2 copies [ ] FORM 9 Notice of Hearing on Garnishment (Earnings) – 4 copies (this form is not included in this packet, but will be generated by the court at any time a Request for Hearing on Garnishment is filed) [ ] FORM 10 Garnishee’s Notice to Judgment Debtor of Garnishment (Earnings) – 2 copies [ ] FORM 11 Request for Hearing on Garnishment (Earnings)( A.R.S. §12-1598.16(F)) – 2 copies [ ] Either FORM 12 Garnishee’s Nonexempt Earnings Statement – 4 copies (Use FORM 12 if the underlying debt is not for support of a person) [ ] FORM 14 Request for Hearing on Nonexempt Earnings Statement – 2 copies [ ] The judgment awarding you money against the judgment debtor – 1 copy [ ] STEP 3: Serve the required forms on the garnishee At the Court, the clerk will file stamp, issue, and return some of your forms to you. Once you have the signed Writ of Garnishment and Summons (Earnings) (FORM 2), you must arrange to serve the garnishee with the following forms, some of which must be provided in multiple copies: [ [ [ [ [ [ [ ] FORM 2 signed Writ of Garnishment and Summons (Earnings) – 2 copies ] FORM 5 Instructions to Garnishee (Earnings) – 2 copies ] FORM 6 Garnishee’s Answer (Earnings) – 4 copies ] FORM 9 Notice of Hearing on Garnishment (Earnings) – 4 copies ] FORM 10 Second Notice to Judgment Debtor of Garnishment (Earnings) – 2 copies ] FORM 11 Request for Hearing on Garnishment (Earnings) (A.R.S. §12-1598.16(F)) – 2 copies ] FORM 12 Garnishee’s Nonexempt Earnings Statement – 4 copies GE 8150-000.01 EARNINGS PROCESS CHECK LIST R:05-20-2008 Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS [ ] FORM 14 Request for Hearing on Nonexempt Earnings Statement – 4 copies [ ] The judgment awarding you money against the judgment debtor – 1 copy You will be charged a fee for service of these documents. A private process server or a constable 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 garnishment process. If you cannot afford to pay the service fee, you may qualify for waiver or deferral of the payment. Private process servers do not accept waivers or deferrals. The Clerk h a form you can complete to request waiver or as deferral of service fees. The process server or constable will file a certificate of service, which notifies you and the Court of the date on which the garnishee received the documents listed above. [ ] STEP 4: Deliver the following documents to the judgment debtor Within three business days after the garnishee has been served under STEP 3, you must deliver the following documents to the judgment debtor by either first class mail, personal delivery, process server, or constable: [ [ [ [ ] FORM 2 Signed Writ of Garnishment and Summons (Earnings) – 1 copy ] FORM 7 Initial Notice to Judgment Debtor of Garnishment (Earnings) – 1 copy ] FORM 8 Request for Hearing on Garnishment (Earnings) (A.R.S. §12-1590.16(C)) – 1 copy ] FORM 9 Notice of Hearing on Garnishment (Earnings) – 1 copy Make sure to retain copies of all documents filed and/or served on the other parties for yourself. [ ] STEP 5: File with the Court a certification of service on the judgment debtor A written statement must be filed with the Court Clerk describing how and when the documents listed in Step 4 were delivered or served on the judgment debtor. If a private process server or constable served these documents, that person must file a certification on your behalf. If you delivered these documents by mail or personally delivered them to the judgment debtor, you are responsible for filing the certificate. Use FORM 21, Certificate of Service, for this purpose. [ ] STEP 6: Wait for garnishee to file an Answer The garnishee is to complete a Garnishee’s Answer (FORM 6) and file it with the Court Clerk within 10 business days, beginning with the first business day after service on the garnishee. Do not take any further steps until this time period has passed or until you receive a copy of the Garnishee's Answer, whichever occurs first. 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 7: What to do if the garnishee does not file an Answer If the garnishee does not file a Garnishee’s Answer within the 10-day response time, then complete and file a Petition and Order to Show Cause Regarding Garnishee’s Default (FORMS 17 & 18). The Court will then order the garnishee to appear for a hearing and explain why no Answer was filed. The Petition and Order to Show Cause must be served on the garnishee in the same manner as in STEP 3. At the hearing, the Judge may order the garnishee to pay the judgment creditor any portion of the total amount owed by the judgment debtor. [ ] STEP 8: If the garnishee files an Answer The information provided in the Garnishee’s Answer will determine whether your case can proceed to a garnishment of the judgment debtor’s earnings. (A) The garnishee is entitled to be released, if the Garnishee’s Answer states that the garnishee: • Did not employ the judgment debtor at the time the writ was served • Would not owe earnings to the judgment debtor within 60 days after service of the writ on the garnishee • Was unable to determine the identity of the judgment debtor after making a good faith effort to do so If you object to the Answer, file a Request for Hearing (see FORM 16) to have your objection resolved by the Court. If the garnishee is entitled to be released, the Court may order you to pay for the garnishee’s reasonable expenses related to responding to the Writ of Garnishment. Go to STEP 13 for information on releasing the garnishee. (B) If the Garnishee’s Answer indicates that the garnishee does employ the judgment debtor or will owe the judgment debtor earnings within the next 60 days, you must wait an additional period of time, as specified below, to give the judgment debtor an opportunity to file an objection to the Garnishee’s Answer. GE 8150-000.02 EARNINGS PROCESS CHECK LIST R:05-20-2008 Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS • If the Garnishee’s Answer was personally delivered to the judgment debtor, the judgment debtor has 10 business days to object. • If the Garnishee’s Answer was delivered by mail, the judgment debtor has 15 days to object. The Garnishee’s Answer should show the method of delivery. [ ] STEP 9: Objections CAUTION: Your Writ of Garnishment will expire 45 days after the Garnishee’s Answer is filed, if no objections are filed. If you fail to obtain a signed Order of Continuing Lien before the 45 days runs out, the garnishee will be released and you will have to start the garnishment process over again. You must also deliver a copy of the signed Order of Continuing Lien to the garnishee. (A) If no one objects to the Garnishee’s Answer, and the appropriate amount of time has passed, promptly file your Application for Order of Continuing Lien (FORM 3) and submit an unsigned Order of Continuing Lien (Garnishment) (FORM 4). You must also deliver a copy of each document to the garnishee and the judgment debtor. (B) If an objection is filed, the Court will hold a hearing on the objection within 10 business days after the objection is filed. You must attend the hearing. If the garnishment is not quashed (dismissed) and the Court does not enter an Order of Continuing Lien on your behalf, promptly complete and file your Application for an Order of Continuing Lien and submit an Order of Continuing Lien form (FORMS 3 & 4), before the 45 days expire. Deliver a copy of each document to the garnishee and the judgment debtor. [ ] STEP 10: Report money received It is the obligation of the judgment creditor to take reasonable action to assure that the garnishee does not withhold more nonexempt earnings of the judgment debtor than are necessary to satisfy the underlying judgment. To fulfill this responsibility, you must report to the garnishee and judgment debtor on what you have received and how much of the judgment remains to be paid. Report this information to the garnishee and the judgment debtor on the Creditor’s Garnishment Report (Earnings) (FORM 15). You should also keep a copy for your own files. Do not file this report with the Court. As long as the Order of Continuing Lien is in effect, you must complete and deliver a new Creditor’s Garnishment Report (Earnings) at each of the following intervals: (A) As long as the balance due is greater than $500, within 21 days after the end of each calendar quarter, in other words – • For the quarter ending March 31, no later than April 21 • For the quarter ending June 30, no later than July 21 • For the quarter ending September 30, no later than October 21 • For the quarter ending December 30, no later than January 21 th (B) As long as the balance due is less than $500, before the 10 day of each month. (C) The first time the balance due is less than double the sum received in the last two pay periods. To know when you have reached this point, each time you receive a Nonexempt Earnings Statement -• Add the amount of money you received with that particular statement (this figure may be $0) with the amount of money you received with the prior statement. • Multiply this sum by 2 and compare the total with the balance due. • If the total is more than the balance due, you must provide written notice to the garnishee and the judgment debtor. You may use the Creditor’s Garnishment Report (Earnings) (FORM 15) for this purpose. Failure to comply with your reporting obligations may result in the Court issuing an order for monetary penalties against you. [ ] STEP 11: Release the garnishee Once you have been paid in full, it is your responsibility to file the Petition and Order Discharging Garnishee (FORMS 19 & 20) with the Court Clerk. You must deliver a copy of these completed forms to the garnishee, the judgment debtor and any creditors who have asked you to notify them. You also need to file this form if you learn that the judgment debtor is no longer working for the garnishee or if the Garnishee’s Answer states that no earnings are owed to the judgment debtor and you did not file an objection (see STEP 8). [ ] STEP 12: File a satisfaction of judgment Once the judgment has been paid in full, you are responsible for filing a Satisfaction of Judgment (FORM 22). You must deliver a copy to the garnishee, the judgment debtor and any creditors who have asked you to notify them. GE 8150-000.03 EARNINGS PROCESS CHECK LIST R:05-20-2008 Page 3 of 4 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS WHAT COULD AFFECT YOUR REQUEST FOR A WAGE GARNISHMENT Grounds for termination or expiration of the Order of Continuing Lien As long as the Order of Continuing Lien is in effect, the garnishee should continue to withhold the ordered amount of the judgment debtor’s wages and send it to you. However, any of the following events can cause this Order to terminate, at which point so will the garnishee’s payments to you. • • • • • The The The The The Court quashes (stops) the garnishment debtor leaves the garnishee’s employ for more than 60 days debtor does not earn enough money to permit withholding by the employer for at least 60 days underlying judgment is paid in full, is vacated or expires garnishment proceedings are stayed by a court such as the U.S. Bankruptcy Court If the judgment debtor is a public employee If your judgment debtor is employed by the state, a county, a city or town or some other political subdivision of the state, including a state university, then special rules contained in A.R.S. §§ 12-1601 through -1604 apply to your case. Special rules and procedures may be required to garnish wages of federal employees. For information r lating to e military personnel and the Service Members’ Civil Relief Act (formerly known as the Soldiers’ and Sailors’ Civil Relief Act), consult an attorney. The judgment debtor may object to wage garnishment The judgment debtor may object to statements in the Application for Writ of Garnishment, the Garnishee’s Answer or any Garnishee’s Nonexempt Earnings Statement. The judgment debtor may argue that the underlying judgment has been paid in full, or the judgment debtor might object to statements made in the Garnishee’s Answer or Nonexempt Earnings Statement about the amount of wages being paid. Other common objections are lack of notice, extreme financial hardship, lack of jurisdiction, lack of responsibility for the debt or garnishment of exempt earnings. If the judgment debtor proves to the Court that the proposed garnishment of wages will cause the judgment debtor or the judgment debtor’s family to suffer extreme financial hardship, the Court has authority to reduce the amount of wages being withheld from the judgment debtor by the garnishee from 25% to not less than 15% of the judgment debtor’s “disposable earnings” (see A.R.S. § 12-1598.10(F) for more information). You may object You may file an objection with the Court disputing statements in the Garnishee’s Answer (see STEP 8), a Nonexempt Earnings Statement or other document filed in this case, or if the garnishee fails to turn over earnings to you. As a general rule, you must file your objection within 10 business days after you receive the document to which you are objecting. Use FORM 16 for this purpose. The Court should hold a hearing on any objection and request for hearing within 10 business days after the objection is filed. þ These forms are guides only and are not intended to be legal advice. þ These forms are not tailored for every fact situation. þ While not mandatory, parties should have all documents reviewed by an attorney who specializes in post judgment proceedings. GE 8150-000.04 EARNINGS PROCESS CHECK LIST R:05-20-2008 Page 4 of 4 American LegalNet, Inc. www.FormsWorkFlow.com (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 (8) Case No.: _______________________ Name: _________________________________________ Address: _______________________________________ City, State, Zip Code: _____________________________ Phone(s): ______________________________________ (6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor Name: _________________________________________ Address: _______________________________________ City, State, Zip Code: _____________________________ Phone(s): ______________________________________ (7) Garnishee Name: _________________________________________ Address: _______________________________________ APPLICATION FOR WRIT OF GARNISHMENT (EARNINGS) (A.R.S. § 12-1598 thru 1598.17) City, State, Zip Code: _____________________________ Phone(s): ______________________________________ Attorney: _______________________________________ 1. 2. 3. I am the judgment creditor. I was awarded a money judgment or order against the judgment debtor. I have asked the judgment debtor to pay, and the judgment debtor has not paid. 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 shown on the Affidavit of Service and may be added to the Judgment along with allowable costs. 4. I believe garnishee employs judgment debtor or owes or will owe judgment debtor disposable earnings within 60 days. 5. I have provided garnishee name and address in (7). 6. The statement checked below is true: (12) (check one) [ ] I have not been notified that judgment debtor intends to sign an agreement for debt scheduling. [ ] I was notified that judgment debtor intends to sign an agreement for debt scheduling, but I objected timely in writing, therefore I am not subject to the debt scheduling. [ ] Judgment debtor signed an agreement for debt scheduling, but I was notified that the agreement is not good anymore. 7. 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 GE 8150-001.01 FORM 1 APPLICATION FOR WRIT - EARNINGS R:01-01-2008 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS INSTRUCTIONS FORM 1 – APPLICATION FOR WRIT OF GARNISHMENT (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 a judgment creditor. • You are seeking to collect a money judgment from a third party who owes or will owe earnings to the judgment debtor within the next 60 days. 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 (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.” 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.” 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 either by an attorney or 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 and the address of the Justice Court precinct in which you are filing the Application for Writ. (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. (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. (7) 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. (8) Type or print the case number assigned to the judgment or order. (9) Type or print the dollar amount of the money judgment, including interest and costs, minus any amounts you have already collected. (10) 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. GE 8150-001.02 INSTR FORM 1 APPLICATION FOR WRIT – EARNINGS R:01-01-2008 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS (11) Type or print the time frame by which your interest rate is calculated, i.e., daily, weekly, monthly, or annually. (12) Check only the box that applies. A.R.S. 12-1598(1) defines “debt scheduling” as counseling and assistance provided to persons by a qualified debt counseling organization if: (a) The counseling and assistance are manifested by a written agreement. (b) The persons pay that portion of their income that has been determined to not be required to make payments for support of a person or to maintain health or the essentials of life. (c) The payments are made to the qualified debt counseling organization until the debts are fully satisfied. (d) The debts are determined as follows: (i) The creditors are notified by the qualified debt counseling organization of the person’s intent to participate in debt scheduling and of their opportunity to object to the participation within fifteen days after receiving the notice. (ii) A creditor not so notified is not subject to the agreement. (iii) A creditor who timely objects, in writing, is not subject to the agreement. (iv) A creditor who does not timely respond to the notice, in writing, is subject to the agreement. (e) The agreement is terminated on the occurrence of any of the following: (i) Agreement of the parties. (ii) Payment in full. (iii) Death of the persons. (iv) Filing of a voluntary or involuntary petition in bankruptcy. (v) Failure to pay, within fifteen days of its due date, any payment due under the agreement. (13) Date and sign your name where indicated. WHEN YOU HAVE COMPLETED THE APPLICATION: þ Complete the Writ of Garnishment and Summons (Earnings) (FORM 2). þ Follow the steps on the Process Checklist. GE 8150-001.03 INSTR FORM 1 APPLICATION FOR WRIT – EARNINGS R:01-01-2008 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Maricopa County Justice Courts, State of Arizona (1) Court Name and address (4) Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor (7) Case No.: _______________________ Name: _________________________________________ Address: _______________________________________ City, State, Zip Code: _____________________________ Phone(s): ______________________________________ (5) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor Name: _________________________________________ 6) Garnishee Name: ___________________________________ Address: _______________________________________ Address: __________________________________ City, State, Zip Code: _____________________________ Phone(s): ______________________________________ City, State, Zip Code: ________________________ Phone(s): ________________________________ Attorney: __________________________________ WRIT OF GARNISHMENT AND SUMMONS (EARNINGS) (A.R.S. § 12-1598.04) TO THE CONSTABLE OR OTHER AUTHORIZED PROCESS SERVER IN MARICOPA COUNTY: You are commanded to summon garnishee named above, who is believed to be in your county, to answer the following claims: STATEMENTS OF THE JUDGMENT CREDITOR 1. 2. 3. 4. Judgment creditor was awarded a judgment or order against (9) _______________________ judgment debtor. 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 shown on the Affidavit of Service and may be added to the Judgment. Judgment creditor believes garnishee owes or will owe earnings to the judgment debtor in the next 60 days. The names and addressed of all parties are listed in (4), (5) and (6). TO THE GARNISHEE YOU SHALL answer all the following questions in writing, under oath, on a separate document. Your answer shall be filed with the Court Clerk within 10 business days after you are served with this Writ of Garnishment. 1. Have you identified the judgment debtor, and if not, what steps were taken to do so and why were they unsuccessful? 2. Did you employ the judgment debtor on the date you received the Writ of Garnishment and Summons (Earnings)? 3. If not employed by you on that date, what was the last day on which you did employ the judgment debtor? 4. Will you owe earnings to the judgment debtor within 60 days of the date on which you received the writ? 5. What will be t he judgment debtor’s next two paydays and what is the length of the judgment debtor’s pay period (e.g. daily, weekly, bi-weekly, semi-monthly)? 6. Is the judgment debtor already subject to an existing wage assignment, garnishment or levy, and if so, what is the name, address and telephone number of that judgment creditor? 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 Clerk within 10 business days 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 against you. If a default judgment is entered against you, you may be ordered to pay the full amount shown on this Writ, plus costs and attorney fees. THIS SUMMONS IS NOT A REQUEST TO SEND MONEY TO THE COURT. DO NOT RELEASE FUNDS SUBJECT TO GARNISHMENT UNLESS THE COURT ORDERS YOU TO DO SO. IF YOU HAVE BEEN PROPERLY NAMED A GARNISHEE IN THIS ACTION, UPON RECEIPT OF THIS WRI T, YOU SHOULD IMMEDIATELY WITHHOLD NONEXEMPT EARNINGS FROM THE JUDGMENT DEBTOR’S PAYCHECK PENDING RECEIPT OF AN ORDER OF CONTINUING LIEN. 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 to make your required answer. GE 8150-002.01 FORM 2 WRIT & SUMMONS R:05-28-2008 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS INSTRUCTIONS FORM 2 WRIT OF GARNISHMENT AND SUMMONS (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 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 owes or will owe earnings to the judgment debtor within the next 60 days. 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 numbers for the petitioner/plaintiff, respondent/defendant and garnishee. • The amount of the judgment currently owed 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 (Earnings). Lines 1 through 7 are known as the caption. You must complete this portion if not already filled in. (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, the phone number of the petitioner/plaintiff on the judgment or order you are seeking to collect and indicate whether that person is the judgment creditor or judgment debtor in the garnishment proceeding. (5) Type or print the name, mailing address and, if known, the phone number of the respondent/defendant on the judgment or order you are seeking to collect and indicate whether that person is the judgment creditor or judgment debtor in the garnishment proceeding. (6) Type or print the name, mailing address and, if known, the phone number of the person or company (garnishee) that owes or will owe earnings to the judgment debtor that you are seeking to collect in this lawsuit. Include the name of the garnishee’s attorney, if known. (7) Type or print the case number assigned by the Court to this garnishment action. (8) Type or print the name of the county in which the garnishee will be served. (9) Type or print the name of the judgment debtor. (10) Type or print the dollar amount of money that the judgment debtor owes to you, including interest and costs, minus any amount you have already collected. (11) 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. (12) Type or print the time frame by which your interest is calculated, i.e., daily, weekly, monthly, annually. WHEN YOU HAVE COMPLETED THE WRIT OF GARNISHMENT AND SUMMONS (EARNINGS): þ 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. þ Follow the steps on the Process Check GE 8150-002.02 INSTR FORM 2 WRIT OF GARNISHMENT AND SUMMONS - EARNINGS R:01-01-2008 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com (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 (8) Case No.: ____________________________ Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ (7) Garnishee Phone(s): _____________________________________ Name: ____________________________________ (6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor (Address: _________________________________ Name: ________________________________________ Address: ______________________________________ City, State, Zip Code: ____________________________ City, State, Zip Code: ________________________ Phone(s): _________________________________ Attorney: __________________________________ Phone(s): _____________________________________ APPLICATION FOR ORDER OF CONTINUING LIEN (EARNINGS) (A.R.S. § 12-1598.10) 1. I am the judgment creditor and I request that the Court issue an Order of Continuing Lien directing the garnishee to pay me all the judgment debtor’s nonexempt earnings beginning on the pay period in which the Writ was served and continuing as a lien on the judgment debtor’s nonexempt earnings until further order of the court. 2. The Writ was served on the garnishee on (9) ____________________, and the Garnishee’s Answer was filed on (10) ____________________. 3. It appears from Garnishee’s Answer that: (11) (Check all boxes that apply) [ } Judgment debtor is or was an employee of garnishee. [ ] Garnishee owed earnings to judgment debtor when the Writ was served. [ ] Earnings would be owed within 60 days after the writ was served. 4. I am entitled to (12) $ _______________ for the cost of issuing the Writ as stated on the affidavit of service. 5. No timely written objections have been filed or any objections have been overruled. (13) Copy of the Application for Order of Continuing Lien provided to judgment debtor on: (14) Copy of the Application for Order of Continuing Lien provided to garnishee on: Date: ____________________ By: [ ] Mail [ ] Hand Delivery Date: ____________________ By: [ ] Mail [ ] Hand Delivery (15) Date: ____________________ Signature of Judgment Creditor or Authorized Agent GE 8150-003.01 FORM 3 APPLICATION FOR CONTINUING LIEN R:01-01-2008 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS INSTRUCTIONS FORM 3 – APPLICATION FOR ORDER OF CONTINUING LIEN (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. USE FORM 3 IF: • You are the judgment creditor or you represent a judgment creditor. • You are seeking to collect a money judgment from a third party who owes or will owe earnings to the judgment debtor within the next 60 days. TO COMPLETE FORM 3 YOU WILL NEED: • Information on the Writ and Summons • Information on the affidavit of service of the Writ HOW TO COMPLETE FORM 3: TYPE OR PRINT NEATLY USING BLACK INK. Match each numbered item in the instructions with the same numbered item on the Application for Order of Continuing Lien (Garnishment). (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.” 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 and the address of the Justice Court precinct in which you are filing the Application for Writ. (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. (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. (7) 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. (8) Type or print the case number assigned to the judgment or order. (9) Type or print the date on which the Writ of Garnishment was served on the garnishee. (10) Type or print the date the Garnishee’s Answer was filed with the court clerk. (11) Check all boxes that apply and fill in the blanks for each box checked. (12) If you checked this box, type or print the amount of money you paid to have the Writ served by either a Constable, Deputy Sheriff or private process server. (13) Complete the information in the box indicating the date and manner in which you have/will provide a copy of the Application for Order of Continuing Lien to the judgment debtor. (14) Complete the information in the box indicating the date and manner in which you have/will provide a copy of the Application for Order of Continuing Lien to the garnishee. (15) Date and sign your name where indicated. WHEN YOU HAVE COMPLETED THE APPLICATION: þ Follow the steps on the Process Checklist. GE 8150-003.02 INSTR FORM 3 APPLICATION FOR CONTINUING LIEN R:01-01-2008 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com Maricopa County Justice Courts, State of Arizona Petitioner/ Plaintiff [ ] Judgment Creditor [ ] Judgment Debtor Name: Case No. Address: City, State, Zip Code: Phone(s): Respondent/Defendant [ ] Judgment Creditor [ ] Judgment Debtor Name: Garnishee Name: Address: Address: City, State, Zip Code: City, State, Zip Code: Phone(s): Phone(s): Attorney: ORDER OF CONTINUING LIEN (EARNINGS GARNISHMENT) (A.R.S. § 12-1598.10) The Application for Order of Continuing Lien is approved. The garnishment shall be a continuing lien against the judgment debtor's nonexempt earnings. All nonexempt earnings shall be withheld by the garnishee and must be transferred to the judgment creditor. All nonexempt earnings that have been withheld pursuant to the Writ must be transferred to the judgment creditor. (Hardship exception only) The judgment debtor is subject to the ''maximum disposable earnings'' provision of ARS 33-1131, and there is clear and convincing evidence that the judgment debtor or the debtor's family would suffer extreme economic hardship as a result of the garnishment. The amount of nonexempt earnings to be withheld and transferred to the creditor is reduced to % (not less than 15%). The judgment debtor shall pay to the garnishee through the garnishment process: $ for attorney fees incurred in answering the Writ of Garnishment. The judgment debtor shall pay to the judgment creditor through the garnishment process: $ for the cost of service, and $ for the cost of issuance of the Writ. Date: Justice of the Peace GE 8150-004.01 - FORM 4 ORDER OF CONTINUING LIEN - EARNINGS R:01-01-2008 American LegalNet, Inc. www.FormsWorkFlow.com - MARICOPA COUNTY JUSTICE COURTS INSTRUCTIONS FORM 4 - ORDER OF CONTINUING LIEN (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: o You are the judgment creditor or you represent a judgment creditor. o You are seeking to collect a money judgment from a third party who owes or will owe earnings to the judgment debtor within the next 60 days. TO COMPLETE FORM 4 YOU WILL NEED: o Information on the Writ and Summons 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 Order of Continuing Lien. 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 and the address of the Justice Court precinct in which you are filing the Application for Writ. (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. (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, 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. (7) Type or print the case number appearing on the Writ. DO NOT FILL IN ANY UNNUMBERED BLANKS. THE JUDICIAL OFFICER WILL COMPLETE THE REMAINING ITEMS. WHEN YOU HAVE COMPLETED THE APPLICATION: Follow the steps on the Process Checklist. GE 8150-004.02 - INSTR FORM 4 ORDER FOR CONTINUING LIEN R:01-01-2008 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS TO THE GARNISHEE (EARNINGS) (A.R.S. § 12-1598.04(C)) 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 you run the risk that 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 owe the judgment debtor any wages. You have been served with a Writ of Garnishment and Summons (Earnings) which names you as the garnishee and identifies the parties and the reason for the garnishment. The party who filed this court action (the “judgment creditor”) is attempting to collect payment from a party named as the ‘judgment debtor.” You are involved in this proceeding because the judgment creditor believes you owe the judgment debtor “earnings” such as wages, salary or compensation for services performed by the judgment debtor. The judgment creditor should have served you with the following documents: • Writ of Garnishment and Summons (Earnings) – 2 copies • Instructions to the Garnishee (Earnings – 2 copies • Garnishee’s Answer (Earnings) – 4 copies • Second Notice to Judgment Debtor of Garnishment (Earnings) – 2 copies • Request for Hearing on Garnishment (Earnings) (ARS 12-1598.16F)) – 2 copies • Notice of Hearing on Garnishment (Earnings) – 2 copies • Nonexempt earnings Statement (Not for Support of a Person) – 4 copies • Request for Hearing on Nonexempt Earnings Statement – 4 copies • 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. 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 earnings. [ ] STEP 1: Respond to the Writ of garnishment and summons within 10 business days You must file a garnishee’s Answer with the Court Clerk within 10 business days after you receive the Writ of Garnishment and Summons. [ ] (A) If you do not and will not owe earnings to the judgment debtor Within 10 business days after you receive the paperwork listed above, fill out a Garnishee’s Answer (earnings)(FORM 6) and file it with the Court Clerk. Even if you have never owed the judgment debtor any earnings you must respond to the Writ of Garnishment by filing a garnishee’s Answer. After you file your Answer, you are entitled to be released from the garnishment if any of the following are true: • • • You have never employed the judgment debtor and do not expect to employ the judgment debtor within the next 60 days. You do not owe the judgment debtor any earnings, regardless of whether the judgment debtor was ever your employee, and you do not expect to owe the judgment debtor any earnings within the next 60 days. You employed the judgment debtor in the past but do not currently owe the judgment debtor any earnings and do not expect to employ the judgment debtor again within the next 60 days. Once you file your Garnishee’s Answer with the Court Clerk and complete STEP 2, you will not need to do anything further unless one of the other parties objects to your answer. [ ] (B) If you do owe or will owe earnings to the judgment debtor within 60 days If you employ the judgment debtor or otherwise owe the judgment debtor earnings at the time you are served with the Writ or will owe the judgment debtor earnings within 60 days thereafter, you must now begin withholding nonexempt earnings from the judgment debtor’s pay. You must complete and file a Garnishee’s Answer with the Court Clerk within 10 business days after you receive the paperwork listed above. GE 8150-005.01 FORM 5 INSTRUCTIONS TO GARNISHEE – EARNINGS R:01-01-2008 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com [ ] STEP 2: Deliver copies of documents to the other parties Also within 10 business days of receiving the Writ of Garnishment and Summons (Earnings), you must: • Deliver or mail to the judgment debtor a copy of each of the following documents: o Your completed Garnishee’s Answer (Earnings) o Second Notice to Judgment Debtor of Garnishment (Earnings) o Request for Hearing on Garnishment (Earnings) (ARS 12-1598.16(F)) o Notice of Hearing on Garnishment (Earnings) • Deliver or mail to the judgment creditor a copy of your completed Garnishee’s Answer. [ ] STEP 3: Complete the Nonexempt Earnings Statement and withhold the proper amount from the judgment debtor’s pay The Writ of Garnishment and Summons is an order from the Court requiring you to immediately withhold nonexempt earnings from the judgment debtor. For each pay period, fill out a Nonexempt Earnings Statement to determine how much money to withhold and withhold that amount. Always keep a blank copy of the Nonexempt earnings Statement for use in future pay periods. You may claim a $5.00 fee on each Nonexempt Earnings Statement that you complete. Deliver a copy of the Nonexempt Earnings Statement to the judgment debtor with the judgment debtor’s paycheck, even if the amount withhold is $0. Also deliver a copy of the Nonexempt earnings Statement to the judgment creditor, but do not deliver any withheld earnings to the judgment creditor until you receive a signed Order of Continuing Lien. Do not send any Nonexempt Earnings Statements to the Court. Keep the original Nonexempt Earnings Statements in your file. PLEASE NOTE: You may be discharged from any liability on the garnishment if both of the following occur: • No objections are filed on the Writ of Garnishment or your Garnishee’s Answer • The Order of Continuing Lien is not entered within 45 days after you filed your Answer If you are discharged, you must return any earnings you have withheld to the judgment debtor. [ ] STEP 4: Await receipt of the Order of Continuing Lien, then pay the judgment creditor Do not pay the judgment debtor’s nonexempt earnings to the judgment creditor until you receive the Order of Continuing Lien signed by the court. Once you receive the Order, send the judgment creditor any nonexempt earnings you have withheld from the judgment debtor. • • • • • • • • For every pay period in which the Order of Continuing Lien is in effect, you must: Complete a Nonexempt Earnings Statement Withhold the nonexempt earnings from the judgment debtor Pay the nonexempt earnings you withheld to the judgment creditor Deliver a copy of the completed Nonexempt earnings Statement and a blank Request for hearing form to the judgment debtor Deliver a copy of the completed Nonexempt earnings Statement to the judgment creditor Keep the original Nonexempt Earnings Statement for your files Do not send any Nonexempt Earnings Statements to the Court Notice: Deadlines apply to this process. See ARS 12-1598.13(B) & (C) for more information. ADDITIONAL INFORMATION If the judgment debtor or judgment creditor objects to the Garnishment, the Garnishee’s Answer or a Nonexempt Earnings Statement The judgment debtor may file an objection and request a hearing on the Writ of Garnishment, your Garnishee’s Answer or any Nonexempt earnings Statement. The judgment creditor or thee judgment debtor may file an objection and request a hearing if you fail to provide them with the appropriate Nonexempt Earnings Statement or if you fail to pay nonexempt earnings to the judgment creditor when due. Parties have 10 business days after they receive a Garnishee’s Answer or Nonexempt Earnings Statement to file a request for Hearing and state their objections, unless good cause is shown for filing their objections later (see ARS 12-1598.07). If you receive more than one garnishment, or a garnishment and a wage assignment for the same judgment debtor’s earnings ARS 12-1598.14 establishes the priority of payments you must honor if you receive more than one writ of garnishment and/or wage assignment against the same person’s earnings. Usually, the first one you received is entitled to be paid first. Special rules may apply to debts owed for child support, spousal maintenance and unpaid taxes which may give them priority regardless of when they were received. You should consult an attorney to determine which judgment creditor to pay first in the case of multiple garnishments against the same judgment debtor. GE 8150-005.02 FORM 5 INSTRUCTIONS TO GARNISHEE – EARNINGS R:01-01-2008 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com (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 (8) Case No.: _______________________ Name: _________________________________________ Address: _______________________________________ City, State, Zip Code: _____________________________ Phone(s): ______________________________________ ______________________________________________ (7) Garnishee (6) Respondent/ Defendant [ ] Judgment Creditor [ ] Judgment Debtor Name: ___________________________________ Name: _________________________________________ Address: __________________________________ Address: _______________________________________ City, State, Zip Code: ________________________ City, State, Zip Code: _____________________________ Phone(s): ________________________________ Phone(s): ______________________________________ Attorney: __________________________________ GARNISHEE’S ANSWER (EARNINGS) (A.R.S. § 12-1598.08) 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 earnings. 1. 2. 3. 4. 5. [ ] I am the garnishee or I am authorized by the garnishee to complete and file this Answer. Garnishee’s name, address and phone are as listed in (7). I was served with the Writ on (9) _____________________. The statements checked below are true: (10) (Check all boxes that apply and fill in blanks for each box checked) A. [ ] The judgment debtor was not employed by me on the date the Writ and Summons were delivered to me. The judgment debtor’s last workday was (11) ____________________. B. [ ] I will not owe judgment debtor earnings within 60 days after service of the Writ and Summons. C. [ ] The judgment debtor was employed by me on the date the Writ and Summons were delivered to me. D. [ ] I will owe judgment debtor earnings within 60 days after service of the Writ and Summons. E. { ] I took the following steps to try to identify the judgment debtor, but was not able to do so for the reasons stated here: (12) __________________________________________________________________________ According to the Writ and Summons, the total amount owed the judgment creditor is (13) $ _______________. The judgment debtor’s next two paydays are (14) _______________ and (15) _______________. The pay period is (16) (check the box that applies): Daily [ ] Weekly [ ] Every two weeks [ ] Monthly [ ] Twice per month [ ] Other (explain) (17) ________________________________________________________________________________________ 6. I have attached copies of any existing garnishments, wage assignments or levies against judgment debtor which are known to me. 7. I request an answer fee in the amount of (18) $ _______________, as a reasonable amount for the preparation and filing of this Answer. (19) A copy of garnishee’s Answer, Second Notice to Judgment (20) A copy of Garnishee’s Answer was provided to Debtor, Request for Hearing form, and Notice of Hearing on judgment creditor on: Garnishment (Earnings) form were provided to judgment debtor on: Date: ____________________ By: [ ] Mail [ ] Hand Delivery Date: Date: ____________________ By: [ ] Mail [ ] Hand Delivery I affirm under the penalty of perjury that the information on this Garnishee’s Answer is true and correct. (21) Date _______________ GE 8150-006.01 FORM 6 ANSWER – EARNINGS ____________________________________________________ Signature of Garnishee or Authorized Agent R:01-01-2008 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com MARICOPA COUNTY JUSTICE COURTS INSTRUCTIONS FORM 6 – GARNISHEE’S ANSWER (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: • You have received a Writ of Garnishment and Summons (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 6 YOU WILL NEED: • Any payroll and employment information you may have relating to the judgment debtor. • Information from the Writ of Garnishment and Summons (Earnings) document with which you were served. • Information on steps taken by the garnishee in trying to identify the judgment debtor, if you have not been able to identify the judgment debtor. • Copies of any ex