If a garnishee fails to answer within the time specified in the writ, the judgment creditor for whom the writ has been issued may petition the court for the issuance of an order requiring the garnishee to appear before the court at a time and place specified in the order to answer the writ or to file and serve a copy of the answer on the judgment creditor for whom the writ has been issued, or on his attorney if the party is represented by counsel, at least five days before the appearance date. If the garnishee fails to appear or file and serve the answer after the service of the order requiring the appearance in person or answer upon the garnishee, the court may, after judgment has been rendered against the judgment debtor, render judgment by default against the garnishee for the full amount of the judgment against the judgment debtor. The court may award a reasonable attorney's fee to the judgment creditor for whom the writ was issued and against the garnishee if the writ was not answered within the time specified in the writ and a petition requiring the garnishee to appear or answer was filed as provided in this section.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1967–2023 · leading case:
Webb v. Erickson, 655 P.2d 6 (Ariz. 1982).
Webb v. Erickson, 655 P.2d 6 (Ariz. 1982).
· cites it 7× “On February 27, 1976, Webb obtained a default judgment against Bates for the full amount of Webb’s underlying judgment against Erickson pursuant to A.R.S. § 12-1583 (1956) (amended 1981). 1 No copy of the default judgment was mailed to Bates.”
Groat v. Equity Am. Ins., 884 P.2d 228 (Ariz. Ct. App. 1994).
· cites it 4× “section 12-1583 and Rule 55(b). Section 12-1583 provides in part: If a garnishee fails to answer within the time specified in the writ, the judgment creditor for whom the writ has been issued may petition the court for the issuance of an order requiring the garnishee to appear…”
Neeley v. Century Fin. Co. of Arizona, 606 F. Supp. 1453 (D. Ariz. 1985).
· cites it 2× “See, A.R.S. § 12-1583 (allows judgment against defaulting garnishee for full amount of judgment debt).”
Schooley v. pena/farmers, 510 P.3d 522 (Ariz. Ct. App. 2022).
· cites it 13× “¶6 Schooley filed a petition for an order to show cause under A.R.S. § 12-1583 (outlining procedures if garnishee fails to answer or appear), alleging Farmers had defaulted by not responding to the garnishment writ within 10 days.”
Webb v. Erickson, 655 P.2d 15 (Ariz. Ct. App. 1981).
· cites it 4× “The default judgment had been supported by a motion filed by appellant Webb, in which he sought judgment by virtue of A.R.S. § 12-1583. The record reflects that no copy of the default judgment obtained pursuant to A.”
Speaks v. Lyft (Ariz. Ct. App. 2019).
· cites it 4× “A.R.S. §§ 12-1583, 12-1598.13(H). He cites no legislative history or post-Webb authority indicating any such abrogation; indeed, post-1986 caselaw suggests the more liberal standard still applies.”
Nextgear v. Owens (Ariz. Ct. App. 2023).
· cites it 2× “See A.R.S. § 12-1583 (permitting judgment by default if garnishee fails to appear after filing answer); see also Ariz.”
McClintock v. Serv-Us Bakers, 423 P.2d 722 (Ariz. Ct. App. 1967).
“” (Emphasis supplied) “§ 12-1583. Judgment by default against garnishee "If a garnishee fails to answer within the time specified in the writ, the court may, after judgment has been rendered against defendant, render judgment by default against the garnishee for the fidl amount…”
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