Garnishment of Earnings Process
Process Checklist for the Judgment Creditor in a Garnishment of Non-Earnings
A non-earnings garnishment targets personal property belonging to a person who owes money, or money other than wages that is owed to the debtor by a third person. Some examples of non-earnings include money in a bank account, the contents of a safe deposit box, a rent payment owed but not yet paid, or an account receivable.
Property that is not earnings may be subject to garnishment, however, not all property can be garnished, and certain non-earnings property is protected (see A.R.S. Title 33, Chapter 8). For example, a judgment creditor who garnishes a bank account may only take the money that is in the account on the day the Writ of Garnishment is served on the bank. If the garnishee deposits new money in the account, a new garnishment action must be filed to collect them. In addition, the first $300 per person, per bank account is protected from garnishment. If persons other than the judgment debtor(s) is/are on the account, a hearing may be held to determine the share of each account (A.R.S. § 12-1595).
STEP 1: Review the forms and instructions in the packet
To garnish a bank account or other form of property other than wages, you will be working with the following forms in the packet (the number of each form appears in the bottom left corner of each page): FORMS 1 through 16.
STEP 2: Apply to the court for a writ of garnishment and serve the required forms on the garnishee
To begin your garnishment action, complete and file an Application for Writ of Garnishment. There is a fee for filing this form. If you cannot pay the fee, it may be deferred if you qualify.
Fill out and file with the Court the Application for Writ of Garnishment (Non-Earnings), and the Writ of Garnishment and Summons (Non-Earnings). If you are filing your application in a Superior Court, the Clerk of the Court will sign the writ and summons. If you are filing your application in a Municipal or Justice of the Peace Court, the Judge or Justice of the Peace or Clerk will sign the Writ and Summons form you have filed. After the Judge or Clerk has signed FORM 2 and it has been returned to you, you must serve the documents listed below on the garnishee. The number of copies to be served is indicated for each form. You must fill out the caption – and only the caption – on FORMS 4, 7, 8, and 9 before serving them on the garnishee.
- Writ of Garnishment and Summons (Non-Earnings) – 2 copies
- Instructions to Garnishee (Non-Earnings) – 1 copy
- Garnishee’s Answer (Non-Earnings) – 4 copies
- Notice to Judgment Debtor of Garnishment (Non-Earnings) – 2 copies
- Request for Hearing – 2 copies
- Notice of Hearing on Garnishment (Non-Earnings) – 2 copies
- The judgment awarding you money against the judgment debtor – 1 copy
You will pay a fee for service of these documents. A private process server, a constable from the Court or a deputy sheriff 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 proceeding. If you cannot afford to pay the service fee, you may qualify for deferral of the payment. Private process servers do not accept deferrals.
For specific information on how to serve these documents on a financial institution, refer to A.R.S. §12-1577.
STEP 3: Wait for garnishee’s Answer
By law, the garnishee is to complete and file a Garnishee Answer with the Court within 10 business days, beginning with the first business day after service on the garnishee. Do not take any further steps in this process until this time period has been completed or until you receive a copy of the Garnishee Answer, if that occurs sooner. 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 4A [IF APPLICABLE]: If the garnishee does not file an Answer
Complete and file a Petition for Order to Show Cause Regarding Garnishee’s Default and Order to Show Cause (FORMS 10 and 11). This is a request to the Court to order the garnishee to appear and answer. The Court may then order the garnishee to appear for a hearing and explain why no Answer was filed. If a hearing date is set, you must serve the Petition and the signed Order to Show Cause on the garnishee using one of the service methods listed in STEP 2 (service by process server, constable, or deputy sheriff). You must also deliver a copy of the Petition and signed Order to Show Cause to the judgment debtor by mail or hand delivery. At the hearing, the Judge may order the garnishee to pay the judgment creditor up to the total amount owed by the judgment debtor.
STEP 4B [IF APPLICABLE]: If the garnishee claims to hold no property of the judgment debtor
The garnishee who holds no property of the judgment debtor can ask the Court to make the judgment creditor pay for the reasonable expenses of the garnishee related to responding to a Writ of Garnishment. For this reason, before beginning a garnishment, the judgment creditor should take precautions to ensure the person or organization named as the garnishee does in fact possess property of the judgment debtor.
STEP 4C [IF APPLICABLE]: If the garnishee claims to hold property of the judgment debtor
Wait 10 more business days to see whether the debtor files a Request for Hearing on Garnishment (FORM 8). If the judgment debtor does not request a hearing within 10 business days of the filing of the Garnishee’s Answer, complete and file an Application for Garnishment Judgment (Non-Earnings) (FORM 5). Also file a Garnishment Judgment (Non-Earnings) (FORM 6) for the Judge to sign.
Mail or personally deliver copies of these forms to the garnishee and to the judgment debtor before you file them with the Court. Once the Judge signs the Garnishment Judgment (Non-Earnings) (FORM 6), the Court will send a copy of the signed version of this form to those involved.
If the garnishee does not receive a copy of the signed Garnishment Judgment within 90 days of filing an Answer, you will have to begin again from the beginning, except under limited circumstances, see A.R.S. § 12-1587. The writ expires 90 days after the Answer is filed with the Court in a non-earnings garnishment. Check with the Court periodically if you do not receive a signed Garnishment Judgment within 3-6 weeks after filing your Application for Garnishment Judgment (FORM 5).
STEP 5A [IF APPLICABLE]: If a request for hearing is filed to object to the garnishment
If the judgment debtor objects to the garnishment and files a Request for Hearing (Non-Earnings) (Form 8), the Court should set a hearing date within 5 days after the request is filed. The Judge may not sign the Garnishment Judgment (FORM 6) until the hearing has been held. Some of the more common objections include: lack of notice, lack of jurisdiction, invalid or satisfied judgment, exempt money is being garnished ($300 in bank account, welfare, worker compensation, child support or other potentially exempt monies), or exempt property is being garnished. There may be other reasons as well. Additional information concerning exemptions can be found at A.R.S. §§ 33-1101–1130. It is important for the judgment creditor to attend this hearing.
STEP 5B [IF APPLICABLE]: WHAT TO DO IF YOU DO NOT AGREE WITH CLAIMS MADE IN THE GARNISHEE’S ANSWER OR DO NOT RECEIVE ANY NON-EARNINGS PROPERTY FROM THE GARNISHEE
A judgment creditor who does not agree with the Garnishee Answer, or does not receive any property from the garnishee to which the judgment creditor is entitled can file a Request for Hearing (FORM 14) and the Court will hold a hearing on the request.
If you desire to release the garnishee and/or judgment debtor from the garnishment:
- The Petition and Order Discharging Garnishee (FORMS 12 & 13) can be used to release the garnishee who turns over property in response to the Writ of Garnishment or in other appropriate circumstances. Once it is filed, mail a copy to the garnishee, the judgment debtor and any other creditor who has asked to be notified. This can be done even if the garnishee’s payment does not completely satisfy the judgment debtor’s debt.
- A Satisfaction of Judgment (FORM 16) can be filed with the Court to establish that the judgment has been fully paid off or otherwise satisfied. Mail a copy to the judgment debtor.
Resources
Garnishment of Non-Earning Forms