Bill Text: AZ HB2174 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Postjudgment garnishment; attorney's writ
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-28 - Referred to House RULES Committee [HB2174 Detail]
Download: Arizona-2010-HB2174-Introduced.html
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REFERENCE TITLE: postjudgment garnishment; attorney's writ |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2174 |
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Introduced by Representative Crump
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AN ACT
Amending title 12, chapter 9, Arizona Revised Statutes, by adding article 4.2; relating to attorney's writ of garnishment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 9, Arizona Revised Statutes, is amended by adding article 4.2, to read:
ARTICLE 4.2. ATTORNEY'S WRIT OF GARNISHMENT
12-1599. Writ of garnishment; grounds; procedure
A. An attorney who is licensed to practice law in this state may issue a writ of garnishment in a manner consistent with articles 4 and 4.1 of this chapter if all of the following apply:
1. A judgment has been entered.
2. The amount of earnings or monies ordered in the writ is five thousand dollars or less.
3. The writ contains a statement that complies with the requirements of both:
(a) Section 12-1572 or 12-1598.03.
(b) Section 12-1574 or 12-1598.04.
B. Not less than ten days before service of the writ, the attorney issuing the writ shall serve the debtor notice that a writ of garnishment may be issued.
C. The answer of the garnishee shall be served on the attorney issuing the writ within ten days from service of the writ and shall comply with the requirements of section 12-1579 or 12-1598.08.
D. A party who has an objection to the writ of garnishment or the answer of the garnishee shall file a written objection and a request for a hearing in the court that issued the judgment and shall comply with the requirements of section 12-1580 or 12‑1598.07.
