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Garnishment Glossary
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.
 

Earnings Garnishment

The judgment creditor may garnish earnings for work performed by the judgment debtor and not yet paid by the employer, such as wages, salaries, commissions, bonuses, pensions, and retirement payments.

The judgment creditor can only garnish a certain percentage of the judgment debtor’s earnings. A judgment creditor must also have specific and accurate financial information to proceed including a physical address for the judgment debtor and the employer.

Non-Earnings Garnishment

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, such as money in a bank account, the contents of a safe deposit box, a rent payment owed but not yet paid, or an account receivable.

Extreme Financial Hardship

If a judgment debtor proves that garnishment poses an extreme financial hardship, the judicial officer may reduce the percentage of disposable earnings that can be garnished.

Garnishee

A garnishee is a person or entity holding money or property belonging to a judgment debtor.

Garnishment

A garnishment is a legal process that allows a party to collect money from another party, after obtaining a money judgment in their favor. A party can only proceed with a garnishment if they have a money judgment in their favor.

Judgment Creditor

A judgment creditor is a person or entity who has been granted a money judgment.

Judgment Debtor

A judgment debtor is a person or entity who owes a money judgment.

Money Judgment

A money judgment is an order signed by a judicial officer that awards money to one party against another party.