A. Except as provided in subsection B of this section, as long as the order of continuing lien is in effect the judgment creditor shall issue a report in writing to the garnishee and the judgment debtor within twenty-one days after the end of each calendar quarter.

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Terms Used In Arizona Laws 12-1598.12

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Deliver: means any of the following:

    (a) To hand deliver. See Arizona Laws 12-1598

  • Earnings: means compensation paid or payable for personal services, whether these payments are called wages, salary, commission, bonus or otherwise. See Arizona Laws 12-1598
  • Judgment creditor: means a party who has a money judgment or an order for support of a person that is due and unpaid. See Arizona Laws 12-1598
  • Judgment debtor: means a party against whom a money judgment or order for support of a person has been awarded. See Arizona Laws 12-1598
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Nonexempt earnings: means those earnings or that portion of earnings which is subject to judicial process including garnishment. See Arizona Laws 12-1598
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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 judgment creditor shall report in writing to the garnishee and judgment debtor within twenty-one days after payment is received from the garnishee reducing the outstanding balance on the judgment to $500 or less and within the first ten days of each calendar month thereafter until the judgment is satisfied.

C. The reports required in subsections A and B of this section shall contain the following:

1. The beginning and ending date of the reporting period for that report. The beginning date of the first reporting period is the date the writ was served.

2. The date and amount of each payment received during the reporting period.

3. The total amount credited to the judgment balance for that reporting period.

4. The interest, attorney fees and costs accrued during that reporting period.

5. The total outstanding balance due on the judgment as of the ending date of the reporting period.

D. It is the obligation of the judgment creditor to take reasonable action to ensure that the garnishee does not withhold more nonexempt earnings of the judgment debtor than are necessary to satisfy the underlying judgment. Reasonable action includes at least written notice directed to the garnishee or the garnishee’s authorized representative if the balance due on the judgment is less than double the amount of nonexempt earnings received in the preceding two pay periods. The judgment creditor shall instruct the garnishee to cease withholding earnings after the full amount of the judgment has been paid to the judgment creditor or when the judgment creditor has been notified that sufficient monies have been withheld to satisfy the underlying judgment.

E. Immediately after the underlying judgment is satisfied or expires, the judgment creditor shall file with the clerk of the court a satisfaction or release of the writ and shall deliver a copy of that satisfaction or release to the garnishee, the judgment debtor and any creditor who has delivered a written request for such a notice to the judgment creditor or the judgment creditor’s attorney.