A. The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ. If a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to each judgment debtor named in the writ.
B. The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation by an attorney.
C. At the time of filing the answer, the garnishee shall deliver a copy of the answer to the judgment debtor and the judgment creditor or the judgment creditor's attorney, if applicable.
D. The answer of the garnishee shall set forth the following:
1. Whether the garnishee was indebted to or otherwise in possession of monies of the judgment debtor at the time the writ was served.
2. The total amount of indebtedness or monies in possession of the garnishee at the time the writ was served.
3. The amount of indebtedness or monies withheld by the garnishee pursuant to the writ.
4. The amount of indebtedness or monies not withheld by the garnishee, and the reason for not withholding.
5. Whether the garnishee was in possession of personal property of the judgment debtor at the time the writ was served.
6. A description of each item, or group of items, of personal property of the judgment debtor in the garnishee's possession at the time the writ was served.
7. A list of the personal property withheld by the garnishee pursuant to the writ.
8. What other person or entity, within his knowledge, is indebted to the judgment debtor or in possession of personal property of the judgment debtor.
9. Whether the garnishee is a corporation in which the judgment debtor owns shares of stock or some other interest.
10. A statement of the number and types of shares owned by the judgment debtor and a description of any other interest the judgment debtor owns in the garnishee corporation as of the date the writ was served, as shown on the corporation's records.
11. The name, address and telephone number of the garnishee.
12. The date and manner of delivery to the judgment debtor of a copy of the writ and the notice to judgment debtor.
13. The date and manner of delivery of a copy of the answer to the judgment creditor and judgment debtor.
Notes of Decisions
Neeley v. Century Fin. Co. of Arizona, 606 F. Supp. 1453 (D. Ariz. 1985).
· cites it 12× “A.R.S. § 12-1579(C) requires that the judgment debtor be given notice “in substantially the following form:” You are hereby notified that this court gave (name of creditor) a right to some of your property as described in the answer to the writ of garnishment____ Plaintiffs…”
Able Distrib. Co. v. James Lampe, 773 P.2d 504 (Ariz. Ct. App. 1989).
· cites it 4× “Lampe contends that Master Mechanical was not entitled to final payment under the contract because: (1) Master Mechanical’s plumbing work had not been performed satisfactorily, and (2) Master Mechanical failed to submit evidence that all known indebtedness connected with the…”
Webb v. Erickson, 655 P.2d 6 (Ariz. 1982).
· cites it 2× “Section 12-1574(C) was added and reads: The plaintiff seeking the writ of garnishment shall serve on the garnishee, together with the summons and writ of garnishment, the form and instructions provided by the clerk of the court or justice of the peace pursuant to § 12-1579.…”
Valley Nat'l Bank v. Brown, 508 P.2d 752 (Ariz. Ct. App. 1973).
· cites it 2× “2d 214 (1940); A.R.S. § 12-1579 (1956). In making this disclosure, the garnishee must be completely impartial and include any information, qualified or unqualified, which would leave in doubt whether the property or debt belongs to the principal defendant or to a third person.”
Nextgear v. Owens (Ariz. Ct. App. 2023).
· cites it 2× “¶4 Citing its belief that the conveyance was fraudulent, NextGear initiated garnishment proceedings against the LLC seeking to execute on the Property for satisfaction of the Indiana judgment.”
Kyle Howard v. Env't Fluids Inc., et al. (D. Ariz. 2026).
· cites it 2× “) Nevertheless, the temporary omission of page 2 from the filed copy appears 28 harmless because pursuant to A.R.S. § 12-1579(C), U.S. Bank was required to deliver a copy of the answer to EFI.”
— Ariz. Rev. Stat. § 12-1579(B) — 1 case
Webb v. Erickson, 655 P.2d 6 (Ariz. 1982).
“Section 12-1574(C) was added and reads: The plaintiff seeking the writ of garnishment shall serve on the garnishee, together with the summons and writ of garnishment, the form and instructions provided by the clerk of the court or justice of the peace pursuant to § 12-1579.…”
— Ariz. Rev. Stat. § 12-1579(C) — 2 cases
Neeley v. Century Fin. Co. of Arizona, 606 F. Supp. 1453 (D. Ariz. 1985).
“A.R.S. § 12-1579(C) requires that the judgment debtor be given notice “in substantially the following form:” You are hereby notified that this court gave (name of creditor) a right to some of your property as described in the answer to the writ of garnishment____ Plaintiffs…”
Kyle Howard v. Env't Fluids Inc., et al. (D. Ariz. 2026).
“) Nevertheless, the temporary omission of page 2 from the filed copy appears 28 harmless because pursuant to A.R.S. § 12-1579(C), U.S. Bank was required to deliver a copy of the answer to EFI.”
— Ariz. Rev. Stat. § 12-1579(D) — 1 case
Nextgear v. Owens (Ariz. Ct. App. 2023).
“¶4 Citing its belief that the conveyance was fraudulent, NextGear initiated garnishment proceedings against the LLC seeking to execute on the Property for satisfaction of the Indiana judgment.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.