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.
A 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. One of the options to collect a judgment 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.
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.
The information offered on this site is made available as a public service and is not intended to take the place of legal advice. If you do not understand something, have trouble filling out any of the forms or are not sure these forms and instructions apply to your situation, see an attorney for help. Before filing documents with the court, you might consider contacting an attorney to help guard against undesired and unexpected consequences.
Not all forms may be accepted in all Arizona courts – you should contact the superior court clerk of the court in which you will be filing to confirm the use of a particular form, determine whether any additional forms are required and verify the filing fees. The Supreme Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents.