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Judgment Against Property With Notice To Garnishee In Arizona
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Multi-State
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US-0025LTR
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Word;
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FAQ
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
Garnishment of Earnings Proposition 209 decreases the portion of a debtor's weekly disposable earnings that is subject to debt collection actions (other than support payments) to the lesser of 10% of disposable earnings, or 60 times the highest applicable federal, state or local minimum wage.
Prop. 209 lowered the amount of disposable wages that could be withheld to 10% or 60 times the highest applicable minimum wage, whichever is less. In addition, Prop 209 now prohibits the garnishment of wages entirely for individuals who earn 40 times the federal minimum wage or less per week.
In Arizona, they can garnisher 10% of your disposable income or 60 times the highest applicable federal, state, or local minimum wage, whichever is less. Certain types of income, such as Social Security and unemployment benefits, are exempt from garnishment.
A final judgment must be signed by a justice of the peace or hearing officer and filed with the court. All judgments must be in writing, and the court must mail copies to all parties. The judgment must clearly state the determination of the rights of the parties.
Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less.
In Arizona, if you have a judgment against you, the creditor could try to garnish your bank account. In fact, that is often easier for the creditor to do than to garnish your wages.
Limits on Wage Garnishment for Judgment Creditors in Arizona. Under Arizona law, on a weekly basis, the garnishment can't exceed the lesser of: 10% of your disposable earnings for that week or. the amount by which your disposable earnings for that week surpass 60 times the applicable minimum hourly wage.
File for bankruptcy Filing for bankruptcy in Arizona is another common way to avoid or stop wage garnishment. Upon filing, the automatic stay will stop all pending and existing garnishments. Depending on the type of debt, a Chapter 7 bankruptcy may discharge the entire judgment.
