Arizona § 12-1579 Answer of garnishee

Arizona Statutes

§ 12-1579 — Answer of garnishee

Arizona·Title 12 Arizona Revised Statutes·Ch. 9 SPECIAL ACTIONS AND PROCEEDINGS TO ENFORCE CLAIMS OR JUDGMENTS·Art. 4 Garnishment of Monies or Property

A.The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ. If a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to each judgment debtor named in the writ.

B.The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation by an attorney.

C.At the time of filing the answer, the garnishee shall deliver a copy of the answer to the judgment debtor and the judgment creditor or the judgment creditor's attorney, if applicable.

D.The answer of the garnishee shall set forth the following:

1.Whether the garnishee was indebted to or otherwise in possession of monies of the judgment debtor a

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A. The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ. If a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to each judgment debtor named in the writ.

B. The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation by an attorney.

C. At the time of filing the answer, the garnishee shall deliver a copy of the answer to the judgment debtor and the judgment creditor or the judgment creditor's attorney, if applicable.

D. The answer of the garnishee shall set forth the following:

1. Whether the garnishee was indebted to or otherwise in possession of monies of the judgment debtor at the time the writ was served.

2. The total amount of indebtedness or monies in possession of the garnishee at the time the writ was served.

3. The amount of indebtedness or monies withheld by the garnishee pursuant to the writ.

4. The amount of indebtedness or monies not withheld by the garnishee, and the reason for not withholding.

5. Whether the garnishee was in possession of personal property of the judgment debtor at the time the writ was served.

6. A description of each item, or group of items, of personal property of the judgment debtor in the garnishee's possession at the time the writ was served.

7. A list of the personal property withheld by the garnishee pursuant to the writ.

8. What other person or entity, within his knowledge, is indebted to the judgment debtor or in possession of personal property of the judgment debtor.

9. Whether the garnishee is a corporation in which the judgment debtor owns shares of stock or some other interest.

10. A statement of the number and types of shares owned by the judgment debtor and a description of any other interest the judgment debtor owns in the garnishee corporation as of the date the writ was served, as shown on the corporation's records.

11. The name, address and telephone number of the garnishee.

12. The date and manner of delivery to the judgment debtor of a copy of the writ and the notice to judgment debtor.

13. The date and manner of delivery of a copy of the answer to the judgment creditor and judgment debtor.

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