A. A party who has an objection to the writ of garnishment, the answer of the garnishee or the amount held by the garnishee or a party claiming an exemption from garnishment, not later than ten days after the receipt of the answer, may file a written objection and request for hearing. Copies of the objection shall be delivered to all parties to the writ at the time of filing the request for hearing form.
B. The hearing on an objection to the writ, answer or amount on a claim of exemption shall be commenced within five days after the request, not including weekends and holidays, but may be continued for good cause on terms the court deems appropriate after due consideration of the importance of the judgment debtor's rights and the need for a speedy determination. Good cause includes a situation in which the objection raised at the hearing is different from that set forth in the request for hearing. The hearing shall not be held later than ten days from the date of the request unless the request for a continuance is made by the judgment debtor.
C. A party requesting a hearing pursuant to this section is required to state the grounds for his objection in writing, but the objecting party is not limited to those written objections at the hearing conducted pursuant to this section.
D. The court shall notify the parties of the date and time of the hearing at least two days, not including weekends and holidays, before the date of the hearing.
E. The prevailing party may be awarded costs and attorney fees in a reasonable amount determined by the court. The award of attorney fees that are incurred due to the objection shall not be assessed against nor is it chargeable to the judgment debtor, unless the judgment debtor is found to have objected to the writ solely for the purpose of delay or to harass the judgment creditor.
Notes of Decisions
Bennett Blum, M.D., Inc. v. Cowan Law Off. of Rand Haddock, 330 P.3d 961 (Ariz. Ct. App. 2014).
· cites it 16× “01(A), and the court should deny the fees arising from the garnishment proceeding pursuant to AR.S. § 12-1580(E). After hearing argument and receiving supplemental briefing on the applicability of § 12-1580(E), 4 the trial court granted Blum’s motion, apparently relying on §…”
Able Distrib. Co. v. James Lampe, 773 P.2d 504 (Ariz. Ct. App. 1989).
· cites it 10× “On November 25, 1987, formal judgment on garnishment was entered for Able in the sum of $28,574.”
Dixon v. Picopa Constr. Co., 772 P.2d 1104 (Ariz. 1989).
· cites it 5× “Home asserts that at this hearing it would have made the following argument: HOME COUNSEL: [M]y objection at the hearing on Writ of Garnishment would be that the policy of insurance only binds the Home Company to pay those debts of the insured which it is legally obligated to…”
Kellin v. Hon. lynch/americanwest, 449 P.3d 719 (Ariz. Ct. App. 2019).
· cites it 8× “§§ 12-1570 to -1597, A.R.S. § 12-1580(E) provides the exclusive avenue for a party to recover attorney’s fees and costs against a judgment debtor.”
Randall v. Maxwell & Morgan, P.C., 321 F. Supp. 3d 978 (D. Ariz. 2018).
· cites it 8× “" A.R.S. § 12-1580(A). Here, the fees and cost sought were incurred pre-garnishment, so A.”
Carey v. Soucy, 431 P.3d 1200 (Ariz. Ct. App. 2018).
· cites it 6× “Attorneys’ Fees and Costs ¶31 Soucy and XYZED request their attorneys’ fees and costs under A.R.S. § 12-1580(E), which permits the court to award attorneys’ fees and costs to the prevailing party in a garnishment action.”
Retzke v. Larson, 803 P.2d 439 (Ariz. Ct. App. 1990).
· cites it 4× “Retzke objected to the answer and requested a hearing pursuant to A.R.S. § 12-1580. At the hearing, no testimony was presented.”
Ironwood Commons Cmty. Homeowners Ass'n, Inc. v. Randall, 439 P.3d 1193 (Ariz. Ct. App. 2019).
· cites it 3× “In Bennett Blum , this court held that attorneys' fees related to a garnishment for "non-earnings" could be awarded only under A.R.S. § 12-1580(E). See id. at 209, ¶ 18, 330 P.”
Neeley v. Century Fin. Co. of Arizona, 606 F. Supp. 1453 (D. Ariz. 1985).
· cites it 2× “A.R.S. § 12-1580 requires the garnishee to serve its answer to the writ upon the judgment debtor, but there is no requirement of service of the writ itself.”
Premier Fin. Servs.. v. Citibank, 912 P.2d 1309 (Ariz. Ct. App. 1995).
“section 12-1580(E) provides that a prevailing party may be awarded reasonable attorney’s fees.”
— Ariz. Rev. Stat. § 12-1580(A) — 4 cases
— Ariz. Rev. Stat. § 12-1580(B) — 3 cases
Able Distrib. Co. v. James Lampe, 773 P.2d 504 (Ariz. Ct. App. 1989).
“On November 25, 1987, formal judgment on garnishment was entered for Able in the sum of $28,574.”
— Ariz. Rev. Stat. § 12-1580(C) — 2 cases
Able Distrib. Co. v. James Lampe, 773 P.2d 504 (Ariz. Ct. App. 1989).
“On November 25, 1987, formal judgment on garnishment was entered for Able in the sum of $28,574.”
— Ariz. Rev. Stat. § 12-1580(E) — 19 cases
Bennett Blum, M.D., Inc. v. Cowan Law Off. of Rand Haddock, 330 P.3d 961 (Ariz. Ct. App. 2014).
“01(A), and the court should deny the fees arising from the garnishment proceeding pursuant to AR.S. § 12-1580(E). After hearing argument and receiving supplemental briefing on the applicability of § 12-1580(E), 4 the trial court granted Blum’s motion, apparently relying on §…”
Kellin v. Hon. lynch/americanwest, 449 P.3d 719 (Ariz. Ct. App. 2019).
“§§ 12-1570 to -1597, A.R.S. § 12-1580(E) provides the exclusive avenue for a party to recover attorney’s fees and costs against a judgment debtor.”
Carey v. Soucy, 431 P.3d 1200 (Ariz. Ct. App. 2018).
“Attorneys’ Fees and Costs ¶31 Soucy and XYZED request their attorneys’ fees and costs under A.R.S. § 12-1580(E), which permits the court to award attorneys’ fees and costs to the prevailing party in a garnishment action.”
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