questions & answers

Question: I need to prepare a writ for the Superior court of Maricopa county. I have a judgment and want the sheriff to go out and seize something. The court keeps sending my packet back to me saying I don't have this or I need that but do not explain how to do it. Very frustrating. The current reject says "....the writ you are submitting to get issued to the Superior Court is the paperwork for a Justice Court". Searched for hours and cannot find any such application for Superior Court on a writ.

Answer: Garnishing property from a third party holding the judgment debtor’s property is a complex process best handled by an attorney. Non-wage garnishment writs can issue from the justice courts with jurisdiction over the property with a valid judgment from the superior court. See A.R.S. § 12-1571. Generally, superior courts issue writs of execution, while justice courts issue writs of garnishment. See Ariz. R. Civ. P. 69; Arizona Rule of Civil Procedure for the Justice Courts 147. The statutory rules for property exemptions apply to the garnishee’s property, and exempt property cannot be collected by garnishment. See A.R.S. § 12-1570(2).

The Maricopa justice courts website has a useful packet of forms for applying for garnishment:

http://justicecourts.maricopa.gov/Forms/GarnishNonEarnings.pdf

These forms must be filed with the appropriate justice court, not with the superior court. For fact-specific advice, please consult an attorney.