subject: Laws About Judgment Recovery In Arizona [print this page] This article points out some judgment-related rules and laws in Arizona. The laws of Arizona are often referenced as being annotated in some official listing, abbreviated as ANN (or A.R.S.). Over time statutes change, so please verify all statutes mentioned in this, or any of my articles. This article is my opinion, and is not legal advice. I'm a judgment broker, and not a lawyer. When you ever want legal advice or a strategy to use, you should contact a lawyer.
Arizona Revised Statute Ann 12-1570: Search on the web for "12-1570" to see the full text of this law, or any Arizona statutes mentioned in this article. This statute has the definitions of "deliver", which means any of the following: (a) To hand deliver. (b) To mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipient in a timely manner. (c) To serve on a party pursuant to the rules of civil procedure applicable to a summons. This law also has, definitions for "exempt monies or property", "good faith", "judgment creditor", "judgment debtor", "monies", "nonexempt monies or property", "personal property", and "Receipt".
Arizona Revised Statute Ann 12-1572: Search on the web for "12-1572" to get to the Arizona State Legislature web site, to see the full text of this statute. This law describes how writs of garnishment are filled out and issued.
Arizona Revised Statute Ann 12-1574: Search on the webfor "12-1574" to get to the Arizona State Legislature web site, to see the full text of this statute. 12-1574 describes the issuance, service, and return of writs, and notices to the debtor. A summary is: The court issues a properly filled out writ for the creditor to give the Sheriff, to garnish assets of the debtor. The writ needs to be correctly filled out with the amount owed, any allowed costs, and how the interest was calculated.
Arizona Revised Statute Ann 12-1577: Use the web to search for "12-1577" to get to the Arizona State Legislature web site, to see the full text of this law. 12-1577 defines how a bank or asset holding company is to be served, how specific branches need to be served, and how much the bank can charge if it does a search to look for judgment debtor accounts at other branches.
Arizona Revised Statute Ann 12-1578: Use the web to search for "12-1578" to get to the Arizona State Legislature web site, to see the full text of this statute. 12-1578 limits transfers by garnishees after service of a garnishment. This statute is muddy, as it reads as if it was "not written not as non-clearly as one would not wish to not read if they didn't want to not read non-confusing statutes". A summary is that when a garnishee is served, they need to follow instructions carefully, when to pay attention to exemptions and how to handle them, how no funny business are allowed, how the judgment debtor may post a bond and gum up the works.
Arizona Revised Statute Ann 12-1582: Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and an opportunity to be heard upon the question of allowance of garnishee's costs and attorney's fee.
Arizona Revised Statute Ann 12-1591: Taxing costs: A. When the garnishee is discharged upon his answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor. B. When there is no written objection to the answer of the garnishee and the garnishee is held on his answer, the costs as provided in subsection A, shall be taxed against the debtor. C. Where the answer is objected to in writing the costs shall abide the issue.
Arizona Revised Statute Ann 12-1595: Search on the web for "12-1595" to see the full text of this statute. This statute covers garnishment of bank accounts in the name of more than one person. It details who needs to be served, who must get noticed, how banks must answer the garnishment, how to handle complications, and how and when bonds need to be posted.
Arizona Revised Statute Ann 12-1596: Search on the web for "1-1596" to get to the Arizona State Legislature web site, to see the full text of this statute. This statute describes the required court forms, and how people can get them for free, and what must be in notices to the parties. Also exemptions are defined, how to disagree with court decisions, and when Spanish translations must be used.
Arizona Revised Statute Ann 44-1201: Search on the web for "44-1201" to see the full text of this statute. This law sets the rate of interest in Arizona for loans and judgments.
If you need to find a judgment recovery attorney in Arizona, contact a judgment broker, or visit the Arizona Bar web site at: www.Arizonabar.org
