Question 1

What is a claim of exemption in Arizona?

Accepted Answer

An Arizona claim of exemption is a written objection and request for hearing that you file with the court to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. You file it with the court that issued the writ within 10 days after you receive the garnishee's answer or nonexempt earnings statement.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Arizona?

Accepted Answer

In Arizona the two are raised the same way. You file a written objection to the writ, the garnishee's answer, or the nonexempt earnings statement and request a hearing. An objection can challenge whether the garnishment or the calculation is proper, and it can also claim that specific wages or funds are exempt. You can raise both a calculation error and an exemption in the same filing.

Question 3

How much of my paycheck can be garnished in Arizona?

Accepted Answer

Arizona protects more of your pay than federal law. Under A.R.S. section 33-1131 a creditor can take at most the lesser of 10 percent of your disposable earnings for the week, or the amount by which those earnings exceed 60 times the applicable minimum hourly wage. Disposable earnings are what is left after legally required deductions, so most Arizona wages keep a 90 percent floor.

Question 4

How long do I have to file a claim of exemption in Arizona?

Accepted Answer

You have 10 days. Under A.R.S. section 12-1598.07 you may file a written objection and request for hearing no later than 10 days after you receive the garnishee's answer or a nonexempt earnings statement. Because earnings are withheld while the objection is pending, file as soon as you receive that answer or statement.

Question 5

What income is exempt from garnishment in Arizona?

Accepted Answer

Social Security, Supplemental Security Income, veterans benefits, disability, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. Arizona also caps ordinary wage garnishment at 10 percent of disposable earnings. If exempt benefits are frozen in a bank account, a claim of exemption is how you get the bank to release them.

Question 6

Can I protect my wages if I support my family in Arizona?

Accepted Answer

Arizona does not add a separate head-of-household wage exemption, but the 10 percent cap already protects most of your pay. If the amount withheld is causing extreme financial hardship for you or your family, you can raise that when you request a hearing, and the court can reduce the amount taken. Explain your household income and necessary expenses so the court can weigh the hardship.

Question 7

Where do I file an Arizona claim of exemption?

Accepted Answer

You file your written objection and request for hearing with the court that issued the writ of garnishment. Arizona courts provide garnishment forms, including a Request for Hearing on Garnishment, through the self-service center. File within 10 days after you receive the garnishee's answer or nonexempt earnings statement so your objection is timely.

Question 8

What happens after I file a claim of exemption in Arizona?

Accepted Answer

After you file your objection and request, the court sets a hearing that starts within 10 days of receiving the request and no later than 15 days, unless you ask for a continuance. At the hearing you show the money is exempt or the calculation is wrong, and the creditor must justify the garnishment. Until then, withheld earnings are generally held rather than paid out.

Arizona Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Arizona Requirements for Claim of Exemption

Arizona Filing Deadline and Office

Frequently Asked Questions