Arizona Writ of Garnishment

Introduction

Key Things to Know

1. 1

   In Arizona the instrument is called a writ of garnishment and the code keeps two of them in separate articles: a writ of garnishment of earnings under Sections 12-1598 through 12-1598.17 reaches pay an employer still owes, and a writ of garnishment of monies or property under Sections 12-1570 through 12-1597 reaches bank balances, property a third party holds and corporate shares. Section 12-1598.01 moves earnings from the first article to the second the moment the employer disburses them, except into a pension or retirement fund.

2. 2

   The writ issues from the bench that entered your judgment, not from a separate enforcement docket, and the clerk, justice of the peace or magistrate issues it immediately once the written application under Section 12-1598.03 is on file. Issuance costs $35 in superior court and $33 in justice court under the Code of Judicial Administration schedules effective December 28, 2024. Service by the sheriff, constable or an authorized process server is a separate county charge.

3. 3

   Ordinary judgment debt runs on Arizona's own ceiling, not the federal one. Section 33-1131(B) allows the lesser of ten percent of disposable earnings for the workweek, or the amount by which that week's disposable earnings exceed sixty times the applicable minimum hourly wage, and the applicable minimum is whichever of the federal, state or local figure is highest. Support orders are the carve-out: there one-half of disposable earnings is exempt.

4. 4

   The garnishee has ten days from service to answer, and Sections 12-1598.06 and 12-1578.01 make that the same ten days in superior, justice and municipal court and on both writs. Section 12-1598.08 tells it what to swear to, including the dates of the next two paydays and whether any other garnishment, levy or wage assignment is already running against this employee.

5. 5

   Service alone does not pay you. Section 12-1598.05 makes the writ only an initial lien and forbids the garnishee from remitting anything until the court enters an order. You must apply, and Section 12-1598.10(E) releases the held earnings to the judgment debtor and discharges the garnishee if no objection was filed and no order of continuing lien is entered within 45 days after the answer.

6. 6

   Once the continuing lien is ordered the writ keeps capturing pay periods, but Arizona then puts the paperwork on you. Section 12-1598.12 requires a written report to the garnishee and to the judgment debtor within 21 days after every calendar quarter, switching to monthly once a payment drops the balance to $500 or less, and Section 12-1598.13(A) answers a missed duty with contempt plus actual losses, fees, costs and an extra $100 to $1,000.

7. 7

   Second in line can mean nothing at all. Section 12-1598.14 ranks competing wage garnishments by time of service and subordinates every non-support garnishment to a support one, then adds the sting: a creditor who collects no nonexempt earnings for two consecutive paydays has a lien that is invalid and of no force and effect, and the garnishee must say so.

Arizona Requirements for Writ of Garnishment

• Pick the Right Article: Earnings or Property

  Arizona runs two writs out of one name. Sections 12-1598 through 12-1598.17 govern a writ of garnishment of earnings; Sections 12-1570 through 12-1597 govern a writ of garnishment of monies or property and reach bank balances, property a third party holds and corporate shares. Section 12-1598.01 moves earnings into the second article as soon as the employer disburses them, except into a pension or retirement fund.

• Issued by the Court That Entered the Judgment

  Under Section 12-1598.02 the clerk of the court, a justice of the peace or a city or town magistrate issues the writ returnable to that same court, and only where a party to the action is a judgment creditor. A magistrate may issue one only for nonpayment of fines, fees, sanctions and restitution imposed in that court. Section 12-1598.04(A) requires immediate issuance once the written application is on file.

• Issuance Fee: $35 Superior, $33 Justice

  Use the Code of Judicial Administration schedules, not the statute books. Sections 12-284(A) and 22-281(A) still print $30 and $28, but both statutes let the Supreme Court raise the printed fees by the consumer price index. ACJA Section 3-404 sets superior court issuance of a garnishment writ at $35.00 and ACJA Section 4-303 sets justice court issuance of writs at $33.00, both effective December 28, 2024. Service by the sheriff or constable is a separate county charge.

• Ceiling: 10 Percent, or the Excess Over 60x

  Section 33-1131(B) holds ordinary withholding to the lesser of ten percent of disposable earnings for the workweek, or the amount by which those earnings exceed sixty times the applicable minimum hourly wage, which is the federal, state or local minimum, whichever is highest. Section 12-1598.10(F) lets the court drop the ten percent to as low as five percent on clear and convincing evidence of extreme economic hardship. Support orders are the exception, with one-half of disposable earnings exempt.

• Ten Days to Answer, Three Days to Notify

  Sections 12-1598.06 and 12-1578.01 give the garnishee ten days from service to answer, the same in superior, justice and municipal court and on both writs. The creditor has its own clock: Section 12-1598.04(D) requires delivery of the writ and initial notice to the judgment debtor within three days, excluding weekends and holidays, after service on the garnishee, plus a written certification of date and manner to the court.

• Apply for the Continuing Lien Within 45 Days

  Section 12-1598.05 makes service only an initial lien and bars the garnishee from remitting until the court acts. Section 12-1598.10(A) requires the creditor to apply for an order of continuing lien, and subsection (E) releases the held earnings to the judgment debtor and discharges the garnishee where no objection was filed and no order is entered within 45 days after the answer. Subsection (D) then ends the lien on satisfaction, release, quash, a bankruptcy or other stay, or 60 days without nonexempt earnings.

• Quarterly Reports and the Creditor Contempt Risk

  Arizona is unusual in policing the creditor. Section 12-1598.12 requires a written report to the garnishee and to the judgment debtor within 21 days after each calendar quarter, monthly once a payment brings the balance to $500 or less, and requires action to stop over-withholding and a filed satisfaction or release when the judgment is paid. Section 12-1598.13(A) answers a failure with contempt plus actual losses, reasonable attorney fees, court costs and an additional $100 to $1,000.

• Priority, Garnishee Default, and Who Pays the Garnishee

  Section 12-1598.14 ranks competing wage garnishments by time of service, subordinates non-support to support, and voids the lien of a creditor who takes nothing for two consecutive paydays. A garnishee that misses the answer deadline must first be ordered to appear under Section 12-1598.13(H); only continued failure permits default judgment against it for the full judgment amount. Section 12-1598.15 taxes a discharged garnishee's costs and compensation to the creditor, caps them at $50 absent objection, and charges the unpaid part of the $5 per pay period statement fee to the creditor.