A. If the garnishee’s answer shows that the garnishee holds indebtedness or monies of the defendant, the court shall enter an order of criminal garnishment that requires the garnishee to immediately transfer the indebtedness or monies to the victim or to the court, the clerk of the court or the prosecuting attorney who is named in the writ of garnishment.
Terms Used In Arizona Laws 13-818
- 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
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
- 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
B. If the garnishee’s answer shows that the garnishee holds personal property or stock of the defendant, the court shall enter an order against the garnishee to hold the personal property or stock of the defendant pending service of a writ of special execution pursuant to section 12-1554.
C. The party who obtains the writ of garnishment shall deliver a copy of the order on the writ to the garnishee and the defendant.
D. An order that is entered pursuant to subsection A or B of this section shall not order more money, stocks or property transferred than is reasonably necessary to satisfy the amount of the outstanding balance of the underlying criminal restitution order.
E. A bank deposit made in the name of two or more persons is subject to garnishment pursuant to section 12-1595, except that "judgment creditor" includes a victim or the court, the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and "judgment debtor" includes a criminal defendant.