Writ of Garnishment Earnings and Summons: This Writ of Garnishment is issued to the Garnishee, or presumed employer of the Judgment Debtor. The Writ states that at the time of the original Writ of Garnishment, the Judgment Debtor was employed by the Garnishee; however, the Garnishee never paid an amount to the Judgment Creditor and that amount owed is due. This form is available for download in both Word and Rich Text formats.
Tucson Arizona Writ of Garnishment and Summons
State:
Arizona
City:
Tucson
Control #:
AZ-JUS-2-GE
Format:
Word;
Rich Text
Instant download
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FAQ
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.
Typically, judgment creditors collect outstanding debts through wage garnishments, but our laws do allow for levying bank accounts and/or non-exempt property.
Most garnishments affect defendants' wages. For example, a court might garnish a defendant's wages to pay child support, student loans, or back taxes.
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.
Ways to Stop A Garnishment Paying off the debt in full. Filing an objection to the garnishment with the court if you have legal basis, such debt was a result of fraud or identity theft. Filing for court protection and debt resolution through Chapter 13 or Chapter 7 bankruptcy.
A garnishee summons is another term for a Garnishment Order. The Application form requests a great deal of information to help identify the correct federal employee whose wages are to be garnished. You may not know some of the required information. Complete the form with as much information as you can.
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.
