Complete the following forms:

• Form 1: Application for Writ of Garnishment
• Form 2: Writ of Garnishment and Summons

Print out, read, and follow:

• Form 5: Instructions to the Garnishee

Fill out the caption on the following:

• Form 6: Garnishee Answer
• Form 8: Request for Hearing on Garnishment
• Form 9: Notice of Hearing on Garnishment
• Form 10: Second Notice to Judgment Debtor of Garnishment
• Form 11: Request for Hearing on Garnishment
• Form 14: Request for Hearing on Nonexempt Earnings Statement

The caption information is found on the first page. It often includes:

• Name of the person filing and their contact information
• Form of representation and the name/bar number of the attorney (if applicable)
• Name of the courthouse and what county it is in
• Case number
• Name and contact information of the plaintiff
• Name and contact information of the defendant
• Name and contact information of the garnishee

You will also need to fill out the caption on one of the following depending on whether the money judgment you are seeking to collect is for support of a person:

• Form 12: Garnishee Nonexempt Earnings Statement (Not for Support of a Person)
• Form 13: Garnishee Nonexempt Earnings Statement (Support Judgment)

Once the appropriate forms and captions are completed, they need to be filed with the court. There is a fee to file for a garnishment of earnings, but you can apply for a fee deferral if you cannot pay it right away.

Garnishment forms can be filed in any county courthouse in Arizona.  When going to file you must have:

• The original version of the Application for Writ of Garnishment (Form 1)
• Original and 3 copies of the Writ of Garnishment and Summons (Form 2)
• 1 copy - Instructions to Garnishee (Form 5)
• 4 copies - Garnishee Answer (Form 6)
• 2 copies - Request for Hearing on Garnishment (Form 8)
• 4 copies - Notice of Hearing on Garnishment (Form 9)
• 2 copies - Garnishee Notice to Judgment Debtor of Garnishment (Form 10)
• 2 copies - Request for Hearing on Garnishment (Form 11)
• 4 copies - Garnishee Nonexempt Earnings Statement (Either Form 12 or 13)
  • Use form 12 if the underlying debt is not for support of a person
  • Use form 13 if the underlying debt is for support of a person (e.g. child support)
• 2 copies - Request for Hearing on Nonexempt Earnings Statement (Form 14)
• 1 copy - the judgment awarding you money against the judgment debtor

When the forms are filed at the court, the Clerk will file stamp, issue, and return some forms to the judgment creditor. Also, the Writ of Garnishment and Summons will be signed by a judicial officer or Clerk. The following documents have to be served to the garnishee:

• 2 copies - Writ of Garnishment and Summons (Form 2)
• 2 copies - Instructions to Garnishee (Form 5)
• 4 copies - Garnishee Answer (Form 6)
• 4 copies - Notice of Hearing on Garnishment (Form 9)
• 2 copies - Second Notice to Judgment Debtor of Garnishment (Form 10)
• 2 copies - Request for Hearing on Garnishment (Form 11)
• 4 copies - Garnishee Nonexempt Earnings Statement (Either Form 12 or 13)
  • Use form 12 if the underlying debt is not for support of a person
  • Use form 13 if the underlying debt is for support of a person (e.g. child support)
• 4 copies - Request for Hearing on Nonexempt Earnings Statement (Form 14)
• 1 copy - The judgment awarding the judgment creditor money against the judgment debtor

The judgment creditor will need to hire a private process server, constable, or deputy sheriff to serve the documents to the garnishee. If the judgment creditor cannot afford the cost of service, they may apply for a fee deferral (process servers do not accept waivers or deferrals).

Once the process server, constable, or deputy complete service they will file a certificate of service that notifies the judgment creditor and Court of when the garnishee received the documents.

Within 3 business days after the garnishee has been served, the judgment debtor must also be served by first class mail, personal delivery, process server, constable, or deputy sheriff. The following documents must be served:

• 1 copy - Signed Writ of Garnishment and Summons (Form 2)
• 1 copy - Initial Notice to Judgment Debtor of Garnishment (Form 7)
• 1 copy - Request for Hearing on Garnishment (Form 8)
• 1 copy - Notice of Hearing on Garnishment (Form 9)

Make sure to keep copies of all documents filed and served for personal records.

After the documents are served to the judgment debtor a Certificate of Service (Form 21) must be filed with the Court.

• If service was done by a process server, constable, or deputy sheriff they must file the certification on behalf of the judgment creditor
• If the judgment creditor mailed them or delivered them personally, they must file the Certificate of Service (Form 21) with the Court

After they are served the garnishee has 10 business days to file an Answer (Form 6) with the Court. The garnishee can respond in two ways:

1. They do not and will not owe earnings to the judgment debtor
   • Even if no money has ever been owed to the judgment debtor the garnishee must respond to the Writ of Garnishment.
   • To make this claim any of the following must be true:
     • The garnishee never hired the judgment debtor and does not expect to hire the judgment debtor in the next 60 days.
     • The garnishee does not owe the judgment debtor any earnings, regardless of whether the judgment debtor was ever their employee.
     • The judgment debtor was hired in the past, but money is not currently owed, and they will not be hired again within 60 days.
2. They do owe or will owe money to the judgment debtor within 60 days
   • If the judgment debtor is currently employed or will be owed money within 60 days, a Garnishee Answer has to be filed with the Court within 10 days.
   • Once served with the Writ nonexempt earnings should start being withheld from the pay of the judgment debtor.

Within 10 days of receiving the being served the Writ of Garnishment and Summons the garnishee must:

• Deliver or mail to the judgment debtor a copy of each of the following:
  • Completed Garnishee Answer (Form 2)
  • Second Notice to Judgment Debtor of Garnishment (Form 10)
  • Request for Hearing on Garnishment (Form 8)
  • Notice of Hearing on Garnishment (Form 9)
• Deliver or mail to the judgment creditor a copy of the completed Garnishee Answer

What happens if the garnishee does not file an Answer?

If the garnishee does not file an Answer within 10 days, then the judgment creditor will need to:

1. Complete and file a Petition for Order to Show Cause Regarding Garnishee Default  and Order to Show Cause Regarding Garnishee Default (Forms 17 & 18)
2. The Court will then order the garnishee to appear for a hearing and explain why they did not file an Answer
3. Take the Petition for Order to Show Cause Regarding Garnishee Default, Order to Show Cause Regarding Garnishee Default, and the court order and have them served to the garnishee.
   • These can be served using a private process server, a constable, or a deputy sheriff. There is a fee for having the documents served.

What happens if the garnishee does file an Answer?

The information provided in the Answer will determine whether the case can go forward. Two possible outcomes are:

1. The garnishee is entitled to be released from the order. This happens when:
   • The judgment debtor was not employed at the time the writ was served
   • Earning are not owed to the judgment debtor within 60 days after service of the writ on the garnishee
   • There is an inability to identify the judgment debtor after making a good faith effort to do so
2. The garnishee is ordered to garnish income of the judgment debtor. Be aware:
   • If the Answer was personally delivered to the judgment debtor, the judgment debtor has 10 days to object.
   • If the Answer was delivered by mail, the judgment debtor has 15 days to object. The Answer should show the method of delivery.

To object to an Answer, file a Request for Hearing to have the objection resolved. If the garnishee is entitled to be released, the Court may order the judgment creditor to pay for the reasonable expenses of the garnishee to be paid, as they relate to the Writ of Garnishment.

Be aware that:

• The Writ of Garnishment will expire 45 days after the Answer is filed if no objections are filed.
• If the judgment creditor fails to obtain a signed Order of Continuing Lien before the 45 days run out, the garnishee will be released, and the judgment creditor will have to start the garnishment process over again.
• A signed copy of the Order of Continuing Lien must be delivered to the garnishee.

What to do if the garnishee files or does not file an objection?

1. If no one objects to the Answer and the appropriate amount of time has passed the following should be filed and delivered to the garnishee and judgment debtor:
   • Application for Order of Continuing Lien (Form 3)
   • Order of Continuing Lien (Form 4)
2. If an objection is filed, there will be a hearing on the objection within 10 days after the objection is filed.
   • The garnishee and judgment creditor must attend the hearing.
   • If the garnishment is not dismissed (quashed) and the court does not enter an Order of Continuing Lien, the judgment creditor has 45 days to complete and file:
     • Application for Order of Continuing Lien (Form 3)
     • Order of Continuing Lien (Form 4)
   • Copies of the completed forms must be delivered to the garnishee and the judgment debtor

Once a Writ of Garnishment and Summons is entered, the garnishee is required to immediately begin withholding nonexempt earnings from the judgment debtor. For each pay period they will need to:

• Fill out a Nonexempt Earnings Statement
  • Not for Support of a Person (Form 12)
  • For Support of a Person (Form 13)
• Deliver a copy of the Nonexempt Earnings Statement to the judgment debtor with their paycheck, even if nothing is withheld
• A copy of the Nonexempt Earnings Statement goes to the creditor
• The garnishee should keep the original statement in their files
• Funds are only sent to the judgment creditor when a signed Order of Continuing Lien is received

The garnishee may claim a $5.00 fee on each Nonexempt Earnings Statement.

The garnishee 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 the Garnishee Answer
• The Order of Continuing Lien is not entered within 45 days after the Answer was filed

If the garnishee was discharged, any earnings that were withheld are given back to the judgment debtor.

The garnishee should not pay the judgment debtor nonexempt earnings to the judgment creditor until the garnishee receives the Order of Continuing Lien signed by the Court. Once the garnishee receives the Order, they need to send the judgment creditor any nonexempt earning they have with help from the judgment debtor.
For every pay period in which the Order of Continuing Lien is in effect, the garnishee must:

• Complete a Nonexempt Earnings Statement
• Withhold the nonexempt earnings from the judgment debtor
• Pay the nonexempt earnings the garnishee 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
• The garnishee needs to keep the original Nonexempt Earnings Statement for their files
• Do not send any Nonexempt Earnings Statements to the Court

Report money received

When earnings are being garnished it is the responsibility of the judgment creditor to report to the garnishee and judgment debtor on how much has been received and how much is still owed. This information is reported on the Creditor Garnishment Report (Form 15). This report does not get filed with the clerk at the courthouse. Reports need to be at each of the following intervals:

1. As long as the balance due is greater than $500, within 21 days after the end of each calendar quarter. For example:
   • If the quarter ends March 31, no later than April 21
   • If the quarter ends June 30, no later than July 21
   • If the quarter ends September 30, no later than October 21
   • If the quarter ends December 30, no later than January 31
2. As long as the balance due is less than $500, before the 10th day of each month
3. For the first time the balance due is less than double the sum received in the last 2 pay periods. To know when the judgment creditor has reached this point, each time the judgment creditor receives a Nonexempt Earnings Statement -
   • Add the amount of money the judgment creditor receives with that particular statement (this figure may be $0) with the amount of money the judgment creditor 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, the judgment creditor must provide written notice to the garnishee and the judgment debtor. 

Failure to comply with judgment creditor reporting obligations, may result in monetary penalties against the judgment creditor.

When the entire debt is paid you must release the garnishee.

Once the debt is paid it is the responsibility of the judgment creditor to file a Petition and Order Discharging Garnishee with the court clerk. After filing, a copy of these completed forms must be delivered to the garnishee, the judgment debtor, and any creditors who have asked you to notify them.

This form also needs to be filed if:

• the judgment debtor is no longer working for the garnishee; or
• the Answer made by the garnishee states that no earnings are owed to the judgment debtor and an objection was not filed.

Once the judgment has been paid in full, you must do the following:

• File a Satisfaction of Judgment with the court
• Mail or deliver a copy of the Satisfaction of Judgment to the garnishee, judgment debtor, and any other creditors who asked you to notify them