Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-812 (2026)

Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

✓ current as of May 2026
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A. After a hearing on an order to show cause pursuant to section 13-810, subsection A or B or after a hearing on a petition to revoke probation, the court may issue a writ of criminal garnishment for any fine, surcharge, fee, assessment, restitution or incarceration costs.

B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, surcharge, fee, assessment, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:

1. The defendant's earnings as defined in section 12-1598.

2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.

3. Monies that are held by a garnishee on behalf of a defendant.

4. The defendant's personal property that is in the possession of a garnishee.

5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.

6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1976–2024 · leading case: State v. Ramos, 747 P.2d 629 (Ariz. Ct. App. 1987).
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State v. Ramos, 747 P.2d 629 (Ariz. Ct. App. 1987). · cites it 68× “This requires an interpretation of A.R.S. § 13-812 [1] , which provides in part that "each person convicted of a felony shall be assessed a penalty of [o]ne hundred dollars.”
State v. Sheaves, 747 P.2d 1237 (Ariz. Ct. App. 1987). · cites it 25× “The plea agreement provided, inter alia, that the appellant would be subject to a mandatory felony penalty assessment pursuant to A.R.S. § 13-812. 2 In addition, appellant was informed at the change of plea hearing that a felony penalty assessment would be imposed for each count.”
State v. Perez, 836 P.2d 1000 (Ariz. Ct. App. 1992). · cites it 9× “Defendant asserts since final judgment has not been entered in this case, he has not been “convicted” of a felony, and therefore A.R.S. § 13-812 cannot be applied. Section 13-812(A) reads: In addition to any other fine or assessment, each person convicted of a felony shall be…”
State v. Arana, 843 P.2d 652 (Ariz. 1992). · cites it 8× “We are asked to decide whether the felony assessment penalty under A.R.S. § 13-812 is applicable to defendants convicted of class 6 felonies and placed on probation with delayed designation under A.”
State v. Payne, 225 P.3d 1131 (Ariz. Ct. App. 2009). · cites it 2× “¶33 In Sheaves , this court ruled that a “felony penalty assessment” imposed under A.R.S. § 13-812 “constitutes a ‘fine’ for sentencing purposes” and, consequently, the statutory prohibition in A.”
State v. Dustin, 449 P.3d 715 (Ariz. Ct. App. 2019). · cites it 3× “DUSTIN Opinion of the Court A.R.S. § 13-812 (1986), repealed by 1993 Ariz.”
State v. Rivera, 836 P.2d 460 (Ariz. Ct. App. 1992). · cites it 6× “§ 12-116 reflects a legislative intent to impose the time payment fee for each monetary assessment that is not paid in full on the date it is imposed by the trial court.”
State v. McDonagh, 304 P.3d 212 (Ariz. Ct. App. 2013). · cites it 2× “In addition to any other fine or assessment, each person convicted of a felony shall be assessed a penalty of: 1.”
State v. Bruggeman, 779 P.2d 823 (Ariz. Ct. App. 1989). · cites it 2× “VICTIM COMPENSATION FUND FINES The final issue presented is whether the trial court correctly ordered appellant to pay $200 under A.R.S. § 13-812, which requires a felony penalty assessment that is transferred to the victim compensation fund.”
State v. Powers, 742 P.2d 792 (Ariz. 1987). · cites it 2× “In addition, Powers says that the evidence of escape status was insufficient to satisfy even the lesser preponderance standard.”
State v. Anderson, 827 P.2d 1129 (Ariz. 1992). · cites it 4× “Furthermore, the court told the defendant that it was "required by law [A.R.S. § 13-812] to impose [the] mandatory assessment of $100.”
State v. Jannamon, 819 P.2d 1021 (Ariz. Ct. App. 1991). · cites it 2× “” As discussed earlier, this is not an element of § 13-1403(B), the offense with which the defendant was charged, and because of this difference, a violation of section A is not a lesser-included offense of section B.”
Show all 26 citing cases →
— Ariz. Rev. Stat. § 13-812(A) — 3 cases
State v. Perez, 836 P.2d 1000 (Ariz. Ct. App. 1992). “Defendant asserts since final judgment has not been entered in this case, he has not been “convicted” of a felony, and therefore A.R.S. § 13-812 cannot be applied. Section 13-812(A) reads: In addition to any other fine or assessment, each person convicted of a felony shall be…”
State v. Rivera, 836 P.2d 460 (Ariz. Ct. App. 1992). “§ 12-116 reflects a legislative intent to impose the time payment fee for each monetary assessment that is not paid in full on the date it is imposed by the trial court.”
State v. Pennington, 873 P.2d 639 (Ariz. 1994).
— Ariz. Rev. Stat. § 13-812(A)(1) — 3 cases
State v. Perez, 836 P.2d 1000 (Ariz. Ct. App. 1992). “Defendant asserts since final judgment has not been entered in this case, he has not been “convicted” of a felony, and therefore A.R.S. § 13-812 cannot be applied. Section 13-812(A) reads: In addition to any other fine or assessment, each person convicted of a felony shall be…”
State v. Arana, 843 P.2d 652 (Ariz. 1992). “We are asked to decide whether the felony assessment penalty under A.R.S. § 13-812 is applicable to defendants convicted of class 6 felonies and placed on probation with delayed designation under A.”
State v. Vargas-Burgos, 783 P.2d 264 (Ariz. Ct. App. 1989).
— Ariz. Rev. Stat. § 13-812(B) — 1 case
State v. Sheaves, 747 P.2d 1237 (Ariz. Ct. App. 1987). “The plea agreement provided, inter alia, that the appellant would be subject to a mandatory felony penalty assessment pursuant to A.R.S. § 13-812. 2 In addition, appellant was informed at the change of plea hearing that a felony penalty assessment would be imposed for each count.”
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