Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1581 (2026)

Discharge of garnishee

✓ current as of May 2026

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A. If it appears from the answer of the garnishee that he did not owe nonexempt monies to the judgment debtor when the writ was served on him or that he did not have in his possession any nonexempt personal property of the judgment debtor when the writ was served, and if no written objection to the answer is timely filed, the court shall enter judgment discharging the garnishee.

B. When the garnishee is a corporation in which the judgment debtor is alleged to be the owner of shares of stock or an interest, if the answer shows that the judgment debtor is not and was not when the writ was served the owner of any shares or interest and if no written objection is timely filed, the court shall enter judgment discharging the garnishee.

Notes of Decisions

Cited in 3 cases, 1964–1978 · leading case: Dunahay v. Struzik, 393 P.2d 930 (Ariz. 1964).

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Dunahay v. Struzik, 393 P.2d 930 (Ariz. 1964). · cites it 2× “Whether such facts, if established, would constitute actionable fraud is not an issue here and hence we do not determine whether this would be sufficient to place one in appellant’s position under an obligation to speak. Moreover, there was no legal impediment which would…”

DeSuno v. Safeco Ins. Co. of Am., 578 P.2d 634 (Ariz. Ct. App. 1978). · cites it 10× “1 The trial court, after a hearing, granted Safeco’s motion for discharge pursuant to ARS § 12-1581 on the grounds that the DeSunos had failed to timely controvert the answer of the garnishee as required by ARS § 12-1589.”

First Rec. Corp. v. Amoroso, 558 P.2d 917 (Ariz. 1976). · cites it 2× “See A.R.S. § 12-1581(A). We do not agree with that court’s determination that the garnishee-bank answered “no indebtedness” and we therefore conclude that the issue is not moot.”

— Ariz. Rev. Stat. § 12-1581(A) — 1 case

First Rec. Corp. v. Amoroso, 558 P.2d 917 (Ariz. 1976). “See A.R.S. § 12-1581(A). We do not agree with that court’s determination that the garnishee-bank answered “no indebtedness” and we therefore conclude that the issue is not moot.”

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