Debt Collection, Garnishment, Repossession

questions & answers

Question: Does a California judgment creditor HAVE to file the judgment in Arizona to garnish my wages here in AZ? The law I found ARS 12-1702 uses the phrase “may be filed in the office of the clerk of any superior court”. It doesn’t say where it says they must. If they must and have not what would be my next step in stopping the garnishment? Thank you

Answer: When a party has an objection to a garnishment, the answer of the garnishee or the amount held by the garnishee or a party claiming an exemption from garnishment may, not later than ten days after the receipt of the answer, file a written objection and request for hearing. Copies of the objection shall be delivered to all parties at the time of filing for hearing. A.R.S. 12-1580(a). A party requesting a hearing pursuant to this section is required to state the grounds for his objection in writing. A.R.S. 12-1580(c). If it appears from the answer of the garnishee that they did not employ the debtor when the judgment was served, would not owe the debtor within sixty days of service, or the garnishee was unable to determine the identity of the debtor after making a good faith effort to do so, and if no written objection is timely filed, the court will discharge the judgment from the garnishee. A.R.S. 12-1598.09.

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QUESTIONS

  • Does a California judgment creditor HAVE to file the judgment in Arizona to garnish my wages here in AZ? The law I found ARS 12-1702 uses the phrase “may be filed in the office of the clerk of any superior court”. It doesn’t say where it says they must. If they must and have not what would be my next step in stopping the garnishment? Thank you

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