A. A party who has an objection to the writ of garnishment or the answer may file a written objection and may request a hearing. The party shall state the grounds for objection in writing and shall deliver copies of the objection to all of the parties to the writ.
Terms Used In Arizona Laws 13-817
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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 3-1703
- Property: means anything of value, tangible or intangible. See Arizona Laws 3-1703
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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 court shall hold a hearing on an objection to the writ or the answer within ten days after receiving the request. The court may continue the hearing for good cause on terms the court deems appropriate.
C. The court may discharge the garnishee from the writ of criminal restitution if it appears from the garnishee’s answer that the garnishee did not owe earnings to the defendant or have the defendant’s indebtedness, monies, property or stock in the garnishee’s possession and if no written objection to the answer is filed. The court shall enter an order discharging the garnishee.