Application for Writ of Garnishment Earnings: This Application requests that the court issue an Order, garnishing the wages of a Judgment Debtor, who is currently not paying the Creditor. The motion states both the Debtor's and Creditor's name, as well as the Debtor's place of business. This form is available for download in both Word and Rich Text formats.
Phoenix Arizona Application for Writ of Garnishment
State:
Arizona
City:
Phoenix
Control #:
AZ-JUS-1-GE
Format:
Word;
Rich Text
Instant download
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Description
How to fill out Arizona Application For Writ Of Garnishment?
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FAQ
You can STOP the garnishment any time by paying the Clerk's Office what you owe. The Clerk will give you a receipt. Take the receipt to your employer right away. They should stop taking money from your pay as soon as they get the receipt.
The wage garnishment laws in Arizona are generally the same as federal wage garnishment laws, with a few added protections. The creditor will continue to garnish your wages until the debt is paid off, or you take some measure to stop the garnishment, such as claiming an exemption with the court.
This means that the creditor must file a lawsuit in court and win that lawsuit. After that, the creditor has to apply to the court for a garnishment order, called a ?writ of garnishment,? and after the court signs this order, the garnishment can proceed.
Garnishment procedures are governed by Arizona law and are extremely complicated. All parties involved must follow these procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor.
Filing for bankruptcy is the most flexible option when it comes to stopping wage garnishment, since it can be initiated before your creditor secures a money judgment or after your wages have already been subject to garnishment.
Typically, judgment creditors collect outstanding debts through wage garnishments, but our laws do allow for levying bank accounts and/or non-exempt property.
Up to 25% of Wages Are Garnished Until Debt is Repaid Wage garnishment in Arizona is limited in accordance with the federal Consumer Credit Protection Act (CCPA). This means that garnishees may withhold no more than 25% of your non-exempt disposable earnings to be paid to a single judgment creditor.
Even after a garnishment has started, you can still try and negotiate a resolution with the creditor, especially if your circumstances change.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less.