§ 12-1585 — Order regarding personal property subject to garnishment; objection; hearing

Arizona § 12-1585

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

Text

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.