Arizona Laws 13-813. Issuance of writ of garnishment; service and return of writ
A. The court shall direct the writ of criminal garnishment to the sheriff, the constable or any other officer who is authorized by law to serve process in the county in which the garnishee is alleged to be. The writ shall summon the garnishee to immediately appear to answer the writ before the court issuing the writ. The garnishee shall appear within the time specified in the writ. The writ shall state all of the following:
Terms Used In Arizona Laws 13-813
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Summons: Another word for subpoena used by the criminal justice system.
- 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
1. The amount due to the victim or court, clerk of the court or prosecuting attorney as of the date on which the writ is issued.
2. The name and address of the garnishee or the garnishee’s authorized agent.
3. The name and address of the victim or the court, clerk of the court or prosecuting attorney presenting the writ.
4. The last known mailing address of the defendant.
B. The victim or the court, the clerk of the court or the prosecuting attorney shall serve the following on the garnishee:
1. Two copies of the writ of garnishment and summons.
2. A copy of the criminal restitution order.
3. Four copies of the answer form.
4. Two copies of the notice to the defendant.
5. Two copies of the instructions to the garnishee.
C. The victim or the court, the clerk of the court or the prosecuting attorney shall serve on the defendant a copy of the writ of garnishment.
D. The victim or the court, the clerk of the court or the prosecuting attorney may serve a copy of the writ of garnishment on the manager or other officer of a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company to levy monies that are owed pursuant to a writ of criminal garnishment by one of these organizations or to levy credits or other effects that belong to a defendant and that are in the possession of or under the control of one of these organizations. The copy of the writ shall be served at any office or branch that is located in the county in which the service is made. A garnishment is not effective as to any debt owed by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company if the account evidencing the indebtedness is carried at an office or branch other than the office or branch named in the writ and at which service is made or, as to credits or other effects in its possession or under its control, at any other office or branch unless the service of the writ is accompanied by twenty-five dollars to be paid to the garnishee for the costs of the search. The writ is effective on the payment of the search fee as to any debt owing by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company if the account evidencing the indebtedness is carried at any office or branch located in this state, or as to any credits, property or other effects in its possession or under its control, at any office or branch located in this state.