A. When the judgment creditor has complied with the applicable provisions of sections 12-1572 and 12-1573, the clerk, justice of the peace or city or town magistrate shall issue a writ of garnishment of monies or property and a summons commanding the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the writ.
B. The writ shall state:
1. The amount of the outstanding balance due on the judgment, including accrued attorney fees, interest and allowable costs, as of the date of the issuance of the writ, and the rate at which interest accrues on that judgment.
2. The name and address of the garnishee or the garnishee's authorized agent.
3. The name and address of the judgment creditor and the judgment creditor's attorney, if applicable.
4. The last mailing address of the judgment debtor known to the judgment creditor.
C. The judgment creditor, in the manner required for a summons by rules of the court in civil matters or by certified mail, return receipt requested, shall serve on the garnishee two copies of the summons and writ of garnishment, a copy of the underlying judgment, four copies of the answer form, two copies of the notice to judgment debtor and request for hearing form and one copy of the instructions to garnishee provided for in section 12-1596. If served by certified mail, the effective date of service is the date of receipt by the garnishee.
D. Within three days, not including weekends and holidays, the garnishee shall deliver to the judgment debtor a copy of the summons and writ of garnishment, a copy of the underlying judgment and the notice to judgment debtor and request for hearing form.
Notes of Decisions
San Fernando Motors, Inc. v. Fowler, 498 P.2d 169 (Ariz. Ct. App. 1972).
· cites it 38× “Appellee maintains that, even though service may be made by a private process server, it remains a requirement of A.R.S. § 12-1574 that the sheriff or constable himself summon the garnishee by executing that portion of the document entitled "Notice and Summons" and that unless…”
Webb v. Erickson, 655 P.2d 6 (Ariz. 1982).
· cites it 2× “The form shall provide information necessary to answer the writ as specified in § 12-1574. The legislature also took notice of the inherent risk of unfairness to garnishee defendants and amended § 12-1583.”
Tenorio-Serrano v. Driscoll, 324 F. Supp. 3d 1053 (D. Ariz. 2018).
· cites it 2× “§ 31-122(A), which provides that "[t]he sheriff may receive and keep in the county jail any prisoner committed thereto by process or order issued under the authority of the United States.”
Neeley v. Century Fin. Co. of Arizona, 606 F. Supp. 1453 (D. Ariz. 1985).
· cites it 2× “See, former A.R.S. § 12-1574(C). After this class action suit was commenced, the Arizona garnishment statutes were amended.”
Weir v. Galbraith, 376 P.2d 396 (Ariz. 1962).
· cites it 2× “A.R.S. § 12-1574, subd. A: “Issuance, service and return of writ; corporation as garnishee.”
Gonzales v. Whitney, 367 P.2d 668 (Ariz. 1961).
· cites it 4× “Appellees base their position on the provisions of A.R.S. §§ 12-1574, subd. A and 12-1577, subds.”
Patrick v. Associated Dry. Corp.(goldwater's Div.), 509 P.2d 1043 (Ariz. Ct. App. 1973).
· cites it 2× “A.R.S. § 12-1574. The affidavits in support of the writs of garnishment were made by Kaplan as the attorney for the plaintiff, Associated, and state in part: “ * * * that he is informed and believes that the defendant (s) are indebted to the plaintiff in the sum of the above…”
Tryon v. Silverstein, 455 P.2d 474 (Ariz. Ct. App. 1969).
· cites it 2× “The corporation is then required to answer the writ, stating the number of shares, if any, the defendant owned in the corporation at the time the writ was served (A.R.S. § 12-1574, subsec. B); and the corporation is prohibited from transferring any such shares upon its books…”
McClintock v. Serv-Us Bakers, 423 P.2d 722 (Ariz. Ct. App. 1967).
“The statutes in relation to writs of garnishment provide: “§ 12-1574. Issuance, service and return of writ; corporation as garnishee “A.”
— Ariz. Rev. Stat. § 12-1574(C) — 2 cases
Neeley v. Century Fin. Co. of Arizona, 606 F. Supp. 1453 (D. Ariz. 1985).
“See, former A.R.S. § 12-1574(C). After this class action suit was commenced, the Arizona garnishment statutes were amended.”
Webb v. Erickson, 655 P.2d 6 (Ariz. 1982).
“The form shall provide information necessary to answer the writ as specified in § 12-1574. The legislature also took notice of the inherent risk of unfairness to garnishee defendants and amended § 12-1583.”
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.