A. In a garnishment of monies or indebtedness, if the answer shows that the garnishee was indebted to the judgment debtor at the time of service of the writ, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall enter judgment on the writ against the garnishee for the amount of the nonexempt monies of the judgment debtor owed or held by the garnishee at the time of service of the writ.
B. If a timely objection is filed the court, after hearing evidence and argument, shall determine whether the writ is valid against the judgment debtor, what amount is presently due and owing on the underlying judgment and what amount of nonexempt monies, if any, the garnishee was holding for or owed to the judgment debtor at the time the writ was served, and the court shall enter judgment on the writ against the garnishee for that amount or enter an order discharging the garnishee if no nonexempt monies are determined owing.
C. The judgment creditor shall deliver a copy of the judgment on the writ against the garnishee to the garnishee and the judgment debtor, and on receipt of a copy of the judgment entered by the court the garnishee shall immediately transfer the adjudged nonexempt monies to the judgment creditor.
D. A judgment pursuant to subsection A or B shall not be for more than the amount of the outstanding balance of the underlying judgment, including accrued interest and costs and attorney fees, if awarded.
E. The court, sitting without a jury, shall decide all issues of fact and law.
Notes of Decisions
Able Distrib. Co. v. James Lampe, 773 P.2d 504 (Ariz. Ct. App. 1989).
· cites it 5× “§ 12-1584(A), a party who has an objection to the writ of garnishment or to the answer of the garnishee may file an objection and request a hearing.”
Dixon v. Picopa Constr. Co., 772 P.2d 1104 (Ariz. 1989).
· cites it 2× “…¶ E. 18 . We note that a statute specifically provides for a hearing before the entry of judgment on the writ. See A.R.S. § 12-1584.”
Groat v. Equity Am. Ins., 884 P.2d 228 (Ariz. Ct. App. 1994).
· cites it 3× “section 12-1584 (Supp.1993) required the trial court to hold an evidentiary hearing to determine whether the writ of garnishment was valid, what amount was due and owing on the underlying judgment, and what amount of nonexempt monies Equity owed to S & F.”
Carey v. Soucy, 431 P.3d 1200 (Ariz. Ct. App. 2018).
· cites it 2× “The constitutional provisions Soucy and XYZED rely upon simply do not apply in this setting.”
Falcon v. Beverly Hills Mortg. Corp., 815 P.2d 896 (Ariz. 1991).
· cites it 2× “Because the insurers here denied the existence of any such debt, it was incumbent upon the Investors to prove that the insurers were, in fact, indebted to BHMC for the judgment the investors had against the corporation.”
Arizona Bank v. Morris, 435 P.2d 73 (Ariz. Ct. App. 1968).
· cites it 2× “A.R.S. § 12-1584 allows garnishment of all property of the defendants in the possession of the garnishee.”
ANDREW BROWN Co. v. Painters Warehouse, Inc., 531 P.2d 527 (Ariz. 1975).
· cites it 2× “Plaintiff also failed to make an objection to the court’s instruction that the funds garnished were “frozen” and the court’s refusal to instruct the jury that pursuant to A.R.S. § 12-1584, excess funds could be released.”
Jacob Benson v. Casa De Capri Ent (Ariz. 2022).
· cites it 3× “” § 12-1584(E); see also § 12-1584(A) (“[O]n application by the judgment creditor the court shall enter judgment on the writ .”
Mothershead v. Dulara (Ariz. Ct. App. 2019).
· cites it 2× “” A.R.S. § 12-1584(B). ¶8 Here, Mothershead submitted exhibits with her response and offered argument at a nearly one-hour hearing.”
Benson v. Casa De Capri Enter. LLC (D. Ariz. 2023).
· cites it 2× “See also A.R.S. § 12-1584(B). 10 II. Applicable Law 11 Plaintiffs rely on Arizona law in support of their summary judgment arguments.”
— Ariz. Rev. Stat. § 12-1584(A) — 3 cases
Able Distrib. Co. v. James Lampe, 773 P.2d 504 (Ariz. Ct. App. 1989).
“§ 12-1584(A), a party who has an objection to the writ of garnishment or to the answer of the garnishee may file an objection and request a hearing.”
Jacob Benson v. Casa De Capri Ent (Ariz. 2022).
“” § 12-1584(E); see also § 12-1584(A) (“[O]n application by the judgment creditor the court shall enter judgment on the writ .”
— Ariz. Rev. Stat. § 12-1584(B) — 6 cases
Able Distrib. Co. v. James Lampe, 773 P.2d 504 (Ariz. Ct. App. 1989).
“§ 12-1584(A), a party who has an objection to the writ of garnishment or to the answer of the garnishee may file an objection and request a hearing.”
Groat v. Equity Am. Ins., 884 P.2d 228 (Ariz. Ct. App. 1994).
“section 12-1584 (Supp.1993) required the trial court to hold an evidentiary hearing to determine whether the writ of garnishment was valid, what amount was due and owing on the underlying judgment, and what amount of nonexempt monies Equity owed to S & F.”
Falcon v. Beverly Hills Mortg. Corp., 815 P.2d 896 (Ariz. 1991).
“Because the insurers here denied the existence of any such debt, it was incumbent upon the Investors to prove that the insurers were, in fact, indebted to BHMC for the judgment the investors had against the corporation.”
Mothershead v. Dulara (Ariz. Ct. App. 2019).
“” A.R.S. § 12-1584(B). ¶8 Here, Mothershead submitted exhibits with her response and offered argument at a nearly one-hour hearing.”
Benson v. Casa De Capri Enter. LLC (D. Ariz. 2023).
“See also A.R.S. § 12-1584(B). 10 II. Applicable Law 11 Plaintiffs rely on Arizona law in support of their summary judgment arguments.”
— Ariz. Rev. Stat. § 12-1584(E) — 2 cases
Carey v. Soucy, 431 P.3d 1200 (Ariz. Ct. App. 2018).
“The constitutional provisions Soucy and XYZED rely upon simply do not apply in this setting.”
Jacob Benson v. Casa De Capri Ent (Ariz. 2022).
“” § 12-1584(E); see also § 12-1584(A) (“[O]n application by the judgment creditor the court shall enter judgment on the writ .”
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