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Earnings v. non-earnings.

The procedures and forms used to collect judgments from earnings are different from the procedures and forms needed to collect judgments from non-earnings.

The term "earnings" refers to compensation payable for work performed by the judgment debtor and not yet paid by the employer. Some examples include wages, salaries, commissions, bonuses, pensions, and retirement payments.

A "non-earnings" garnishment targets personal property belonging to a judgment debtor but held by a third party, or money other than “earnings” that is owed to the debtor by a third party. Some examples include money in a bank account, the contents of a safe deposit box, or a rent payment owed but not yet paid.

EARNINGS NON-EARNINGS

Proposition 209 was approved by voters in November 2022 and went into effect on December 5, 2022. It amends several statutes regarding debt collection. You will find below a summary of the different earning amounts that are subject to garnishment and garnishment exemption amounts. Review the Proposition 209 Information Sheet for important details before you use the garnishment forms.

EARNINGS SUBJECT TO GARNISHMENT
Law Prior to Passage of Proposition 209	Changes Made by Proposition 209
Portion of debtor's disposable earnings subject to collections: 25% or 30 times the federal minimum wage Minimum percentage of debtor's disposable earnings subject to collections if a 25% garnishment would cause extreme economic hardship: 15%	Portion of debtor's disposable earnings subject to collections: 10% or 60 times the highest applicable federal, state or local minimum wage Minimum percentage of debtor's disposable earnings subject to collections if a 10% garnishment would cause extreme economic hardship: 5%

GARNISHMENT EXEMPTIONS
Law Prior to Passage of Proposition 209	Changes Made by Proposition 209
Homestead exemption: $150,000 Personal property exemption: $6,000 Equity in motor vehicle exemption: $6,000 Equity in motor vehicle exemption if debtor or debtor’s dependent has a physical disability: $12,000 Exemption for funds in single financial account: $300	Homestead exemption: $400,000 Personal property exemption: $15,000 Equity in motor vehicle exemption: $15,000 Equity in motor vehicle exemption if debtor or debtor’s dependent has a physical disability: $25,000 Exemption for funds in single financial account: $5,000

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 procedures correctly. The court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor.

Fee Waiver and Deferral

If you are unable to pay the filing fees, you have options. Go to the Fee Waiver and Deferral page to find out more.

FEE WAIVER AND DEFERRAL

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Garnishment of Earnings Forms
Form Title	Form No.
Introduction to Garnishment	AOCCVGE1H
Process Checklist for the Judgment Creditor in a Garnishment of Earnings	AOCCVGE1P
Form 1 - Application for Writ of Garnishment	AOCCVGE1F
Instructions: Form 1 - Application for Writ of Garnishment	AOCCVGE1I
Form 2 - Writ of Garnishment and Summons	AOCCVGE2F
Instructions: Form 2 - Writ of Garnishment and Summons	AOCCVGE2I
Form 3 - Application for Order of Continuing Lien	AOCCVGE3F
Instructions: Form 3 - Application for Order of Continuing Lien	AOCCVGE3I
Form 4 - Order of Continuing Lien	AOCCVGE4F
Instructions: Form 4 - Order of Continuing Lien	AOCCVGE4I
Form 5 - Instructions to the Garnishee	AOCCVGE5F
Form 6 - Garnishee’s Answer	AOCCVGE6F
Instructions: Form 6 - Garnishee’s Answer	AOCCVGE6I
Form 7 - Initial Notice to Judgment Debtor of Garnishment	AOCCVGE7F
Instructions: Form 7 - Initial Notice to Judgment Debtor of Garnishment	AOCCVGE7I
Form 8 - Request for Hearing on Garnishment	AOCCVGE8F
Instructions: Form 8 - Request for Hearing on Garnishment	AOCCVGE8I
Form 9 - Notice of Hearing on Garnishment	AOCCVGE9F
Instructions: Form 9 - Notice of Hearing on Garnishment	AOCCVGE9I
Form 10 - Second Notice to Judgment Debtor of Garnishment	AOCCVGE10F
Instructions: Form 10 - Second Notice to Judgment Debtor of Garnishment	AOCCVGE10I
Form 11 - Request for Hearing on Garnishment	AOCCVGE11F
Instructions: Form 11 - Request for Hearing on Garnishment	AOCCVGE11I
Form 12 - Garnishee’s Non-Exempt Earnings Statement (Not for Support of a Person)	AOCCVGE12F
Instructions: Form 12 - Garnishee’s Non-Exempt Earnings Statement (Not for Support of a Person)	AOCCVGE12I
Form 13 - Garnishee’s Non-Exempt Earnings Statement (Support Judgment)	AOCCVGE13F
Instructions: Form 13 - Garnishee’s Non-Exempt Earnings Statement (Support Judgment)	AOCCVGE13I
Form 14 - Request for Hearing on Non-Exempt Earnings Statement	AOCCVGE14F
Instructions: Form 14 - Request for Hearing on Non-Exempt Earnings Statement	AOCCVGE14I
Form 15 - Creditor’s Garnishment Report	AOCCVGE15F
Instructions: Form 15 - Creditor’s Garnishment Report	AOCCVGE15I
Form 16 - Request for Hearing	AOCCVGE16F
Instructions: Form 16 - Request for Hearing	AOCCVGE16I
Form 17 - Petition for Order to Show Cause Regarding Garnishee’s Default	AOCCVGE17F
Instructions: Form 17 - Petition for Order to Show Cause Regarding Garnishee’s Default	AOCCVGE17I
Form 18 - Order to Show Cause Regarding Garnishee’s Default	AOCCVGE18F
Instructions: Form 18 - Order to Show Cause Regarding Garnishee’s Default	AOCCVGE18I
Form 19 - Petition for Order Discharging Garnishee	AOCCVGE19F
Instructions: Form 19 - Petition for Order Discharging Garnishee	AOCCVGE19I
Form 20 - Order Discharging Garnishee	AOCCVGE20F
Instructions: Form 20 - Order Discharging Garnishee	AOCCVGE20I
Form 21 - Certificate of Service	AOCCVGE21F
Instructions: Form 21 - Certificate of Service	AOCCVGE21I
Form 22 - Satisfaction of Judgment	AOCCVGE22F
Instructions: Form 22 - Satisfaction of Judgment	AOCCVGE22I
Form 23 - Consent Regarding Judgment Debtor's Hardship to Reduce Garnishment of Non-Exempt Earnings to Fifteen Percent	AOCCVGE23F

The forms available on this site are generic and may be accepted by courts statewide. Please note that each court might have their own preferred forms. You can visit AZCourtHelp.org for more information about court-specific forms.