Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1585 (2026)

Order regarding personal property subject to garnishment; objection; hearing

✓ current as of May 2026

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A. If the answer shows that the garnishee was holding personal property of the judgment debtor at the time the writ was served, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall enter an order on the writ against the garnishee to hold the nonexempt personal property of the judgment debtor held by the garnishee when the writ was served pending service of a writ of special execution pursuant to section 12-1554.

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 personal property of the judgment debtor, if any, the garnishee was holding at the time the writ was served, and the court shall enter an order on the writ against the garnishee to hold the nonexempt personal property or enter an order discharging the garnishee if no nonexempt personal property is determined to be held by the garnishee.

C. The judgment creditor shall deliver a copy of the order on the writ to the garnishee and the judgment debtor.

D. An order entered pursuant to subsection A or B of this section shall not order more property held than is reasonably necessary to satisfy the amount of the outstanding balance of the underlying judgment, together with accrued interest and costs and attorney fees, if awarded.

E. An order entered pursuant to subsection A or B of this section shall order the garnishee to hold the adjudged nonexempt personal property from the judgment debtor and to deliver the property to the sheriff or any constable presenting a writ of general execution or special execution based on the underlying judgment. The court may order the judgment debtor or the garnishee, or both, to execute and deliver to the sheriff or constable such instruments or documents as are within the legal power of the judgment debtor or garnishee to execute and to deliver. To effectuate the execution and delivery, the court may order a garnishee corporation to issue and deliver unissued stock or securities of the corporation owned by the judgment debtor.

F. If no writ of special execution is served on the garnishee by the sheriff or constable within ninety days after the entry of the order pursuant to subsection A or B of this section, the order on the writ expires, the garnishee has no further obligation on the writ and the garnishee is no longer restricted from transferring the nonexempt personal property to the judgment debtor.

Notes of Decisions

Cited in 8 cases, 1962–1985 · leading case: Carpenter v. Superior Court, 422 P.2d 129 (Ariz. 1966).

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Carpenter v. Superior Court, 422 P.2d 129 (Ariz. 1966). · cites it 4× “A.R.S. § 12-1585, Ellery v. Cumming, 40 Ariz.”

Jackson v. Phoenixflight Prods., Inc., 700 P.2d 1342 (Ariz. 1985). · cites it 3× “3 The first expression of our Legislature on garnishment liens against debts occurred in 1984 with the amendment of A.R.S. § 12-1585 in which the Legislature expressly created a lien against earnings: “§ 12-1585.”

Weir v. Galbraith, 376 P.2d 396 (Ariz. 1962). · cites it 2× “” A.R.S. § 12-1585: “Judgment against garnishee.”

Kuffel v. United States, 441 P.2d 771 (Ariz. 1968). · cites it 2× ““§ 12-1585. Judgment against garnishee “If it appears from the answer of the garnishee, or otherwise, that the garnishee is indebted to the defendant in any amount or was so indebted when the writ was served, the court shall give judgment ' for plaintiff against the garnishee…”

Reeb v. Interchange Resources, Inc. of Phoenix, 478 P.2d 82 (Ariz. 1970). · cites it 2× “A and A.R.S. § 12-1585 1 , garnishment should be proper with respect not only to sums owing at the time the writ is served, but also as to debts which may come into existence between the time of service of the writ and the garnishee’s answer.”

Arizona Dep't of Econ. Sec. v. Arizona Bank, 650 P.2d 435 (Ariz. 1982). · cites it 5× “§ 12-1585, requires the garnishee to seek to recover the costs against the judgment-debtor in a separate or collateral proceeding “in the same manner that the plaintiff is required to collect its judgment — by finding a garnishee, * * “§ 12-1585.”

First Rec. Corp. v. Amoroso, 558 P.2d 917 (Ariz. 1976). · cites it 2× “70 in a trust account and that a portion of that amount might remain after the shareholder’s claims had been satisfied.”

McClintock v. Serv-Us Bakers, 423 P.2d 722 (Ariz. Ct. App. 1967). “The letters being answers, the Justice of the Peace was without jurisdiction to enter the default of Serv-Us in relation to the two writs or to proceed, without notice, to judgment against Serv-Us contrary to the denial of indebtedness. It is only when the judgment against the…”

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