Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1573 (2026)

Bond amount and conditions

✓ current as of May 2026
Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

If a garnishment is requested and no judgment has been entered, a writ shall not be issued until the judgment creditor executes and delivers to the court a bond payable to the judgment debtor in the amount of the debt claimed therein, conditioned that the judgment creditor will prosecute the action to effect and if return of the property is ordered he will, without delay, return the property together with reasonable interest, damages resulting from its taking and detention, costs and reasonable attorney fees in the action to the judgment debtor.

Notes of Decisions
Cited in 13 cases, 1961–2019 · leading case: Huggins v. Deinhard, 654 P.2d 32 (Ariz. Ct. App. 1982).
Sort: Relevance Newest Treatment
Huggins v. Deinhard, 654 P.2d 32 (Ariz. Ct. App. 1982). · cites it 2× “As to the garnishment itself, the appellee filed an affidavit stating facts suf *103 ficient to authorize the service of the writ of garnishment on the Valley National Bank pursuant to A.”
First Nat'l Bank & Trust Co. v. Pomona Mach. Co., 486 P.2d 184 (Ariz. 1971). · cites it 2× “As to the garnishment itself, the res, and the person of the garnishee, the appellant filed an affidavit stating facts sufficient to authorize issuance of a writ of garnishment upon garnishee — The Arizona Bank — pursuant to 4 A.R.S. § 12-1573. Thereupon the writ was served…”
Dunlop v. First Nat'l Bank of Arizona, 399 F. Supp. 855 (D. Ariz. 1975). · cites it 2× “Furthermore, if the act did extend such an exemption to these funds, the Bank is under no obligation to assert that exemption on behalf of the depositor. It is therefore ordered that plaintiff’s motion for summary judgment is denied.”
Patrick v. Associated Dry. Corp.(goldwater's Div.), 509 P.2d 1043 (Ariz. Ct. App. 1973). · cites it 2× “A.R.S. § 12-1573 provides in part: “Before issuance of a writ of garnishment, plaintiff or some one in his behalf shall make application in writing, under oath, stating the facts authorizing issuance of the writ, * * Thus, it appears that there is a statutory requirement that a…”
Weir v. Galbraith, 376 P.2d 396 (Ariz. 1962). “The clerk or justice of the peace shall file the affidavit provided for in § 12-1573, and bond, if any, and immediately issue a writ of garnishment directed to the sheriff or any constable of the county where the garnishee is alleged to be, commanding him forthwith to summon the…”
San Fernando Motors, Inc. v. Fowler, 498 P.2d 169 (Ariz. Ct. App. 1972). · cites it 2× “The clerk or justice of the peace shall file the affidavit provided for in § 12-1573, and bond, if any, and immediately issue a writ of garnishment directed to the sheriff or any constable of the county where the garnishee is alleged to be, commanding him forthwith to summon the…”
Gonzales v. Whitney, 367 P.2d 668 (Ariz. 1961). “The clerk * * * shall file the affidavit provided for in § 12-1573, and bond, if any, and immediately issue a writ of garnishment directed to the sheriff or any constable of the county where the garnishee is alleged to be, commanding him forthwith to summon the garnishee * * A.”
Schaub v. Nfra (Ariz. Ct. App. 2015). · cites it 6× “” The court further noted that appellants filed their motion for creditor bond on May 15, 2013, “[a]fter their stay of execution was 3 A.R.S. § 12-1573 (2003) provides, in relevant part: “If a garnishment is requested and no judgment has been entered, a writ shall not be issued…”
Tryon v. Silverstein, 455 P.2d 474 (Ariz. Ct. App. 1969). · cites it 2× “The problem is that our garnishment statutes, taken alone, allow garnishment of capital stock by service of the writ upon an officer of the issuing corporation (See A.R.S. § 12-1573, subsec. 3). The corporation is then required to answer the writ, stating the number of shares,…”
CNA Nat'l Warranty Corp. v. RHN Inc. (D. Ariz. 2019). · cites it 2× “]” A.R.S. § 12-1573. Therefore, upon receiving 17 notification on the public docket that CNA has executed and delivered such a bond, the 18 Court will issue the writ of garnishment.”
CNA Nat'l Warranty Corp. v. RHN Inc. (D. Ariz. 2019). · cites it 2× “]” A.R.S. § 12-1573. Therefore, upon receiving 18 notification on the public docket that CNA has executed and delivered such a bond, the 19 Court will issue the writ of garnishment.”
McClintock v. Serv-Us Bakers, 423 P.2d 722 (Ariz. Ct. App. 1967). “The clerk or justice of the peace shall file the affidavit provided for in § 12-1573, and bond, if any, and immediately issue a writ of garnishment directed to the sheriff or any constable of the county where the garnishee is alleged to be, commanding him forthwith to summon…”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.