questions & answers

Question: I had my wages garnished last year. Judgment creditor filed a motion to show cause against the garnishee. Garnishee was ordered to pay the outstanding balance now the same creditor is garnishing my checks again. What about the judgment against the garnishee is this legal?

Answer: Garnishment procedures are governed by Arizona law and are extremely complicated.  All parties involved must follow these procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly, including the judgment creditor. Garnishment is a legal process by which one party may collect money from another party, after a money judgment has been entered. Find out more about the garnishment process and the forms needed at the Arizona Supreme Court Online under Garnishment:

http://www.azcourts.gov/selfservicecenter/SelfServiceForms.aspx#Garnishment

Debt collectors cannot treat you unfairly because you owe an unpaid debt. In 1978, the U.S. Congress enacted the Fair Debt Collection Practices Act (FDCPA) to stop abusive, deceptive and unfair debt collection practices. See the following website for more information:

http://azlawhelp.org/articles_info.cfm?mc=4&sc=29&articleid=59