Arizona Laws 12-1579. Answer of garnishee
A. The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ. If a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to each judgment debtor named in the writ.
Terms Used In Arizona Laws 12-1579
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deliver: means any of the following:
(a) To hand deliver. See Arizona Laws 12-1570
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Judgment creditor: means a person or entity that has a money judgment or an order for support of a person that is due and unpaid or an order pursuant to chapter 14 of this title allowing him to garnish monies, personal property or shares of stock before final judgment on the underlying action. See Arizona Laws 12-1570
- Judgment debtor: means a person or entity against which a money judgment has been awarded or against which an order for support of a person is due and unpaid or against which an order pursuant to chapter 14 of this title has been entered. See Arizona Laws 12-1570
- Monies: includes cash, credit and accounts, but does not include earnings as defined in section 12-1598, paragraph 4. See Arizona Laws 12-1570
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Personal property: means all property and interests to which a security interest may be perfected pursuant to Title 47, Chapter 9, except accounts. See Arizona Laws 12-1570
- Personal property: All property that is not real property.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
B. The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation by an attorney.
C. At the time of filing the answer, the garnishee shall deliver a copy of the answer to the judgment debtor and the judgment creditor or the judgment creditor’s attorney, if applicable.
D. The answer of the garnishee shall set forth the following:
1. Whether the garnishee was indebted to or otherwise in possession of monies of the judgment debtor at the time the writ was served.
2. The total amount of indebtedness or monies in possession of the garnishee at the time the writ was served.
3. The amount of indebtedness or monies withheld by the garnishee pursuant to the writ.
4. The amount of indebtedness or monies not withheld by the garnishee, and the reason for not withholding.
5. Whether the garnishee was in possession of personal property of the judgment debtor at the time the writ was served.
6. A description of each item, or group of items, of personal property of the judgment debtor in the garnishee’s possession at the time the writ was served.
7. A list of the personal property withheld by the garnishee pursuant to the writ.
8. What other person or entity, within his knowledge, is indebted to the judgment debtor or in possession of personal property of the judgment debtor.
9. Whether the garnishee is a corporation in which the judgment debtor owns shares of stock or some other interest.
10. A statement of the number and types of shares owned by the judgment debtor and a description of any other interest the judgment debtor owns in the garnishee corporation as of the date the writ was served, as shown on the corporation’s records.
11. The name, address and telephone number of the garnishee.
12. The date and manner of delivery to the judgment debtor of a copy of the writ and the notice to judgment debtor.
13. The date and manner of delivery of a copy of the answer to the judgment creditor and judgment debtor.