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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2230 |
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AN ACT
amending sections 12‑1574 and 12‑1577, Arizona Revised Statutes; relating to writ of garnishments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-1574, Arizona Revised Statutes, is amended to read:
12-1574. Issuance, service and return of writ; notice to debtor
A. When the judgment creditor has complied with the applicable provisions of sections 12‑1572 and 12‑1573, the clerk, justice of the peace or city or town magistrate shall issue a writ of garnishment of monies or property and a summons directed to the sheriff, constable or any officer authorized by law to serve process in the county where the garnishee is alleged to be, commanding him to immediately summon the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the writ.
B. The writ shall state:
1. The amount of the outstanding balance due on the judgment, including accrued interest and allowable costs, as of the date of the issuance of the writ, and the rate at which interest accrues on that judgment.
2. The name and address of the garnishee or his the garnishee's authorized agent.
3. The name and address of the judgment creditor and his the judgment creditor's attorney, if applicable.
4. The last mailing address of the judgment debtor known to the judgment creditor.
C. The judgment creditor, in the manner required for a summons by rules of the court in civil matters or by certified mail, return receipt requested, shall serve on the garnishee two copies of the summons and writ of garnishment, a copy of the underlying judgment, four copies of the answer form, two copies of the notice to judgment debtor and request for hearing form and one copy of the instructions to garnishee provided for in section 12‑1596. If served by certified mail, the effective date of service is the date of receipt by the garnishee.
D. Within three days, not including weekends and holidays, the garnishee shall deliver to the judgment debtor a copy of the summons and writ of garnishment, a copy of the underlying judgment and the notice to judgment debtor and request for hearing form.
Sec. 2. Section 12-1577, Arizona Revised Statutes, is amended to read:
12-1577. Service of writ on branch of financial institution
A. Monies owing to a judgment debtor by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, maintaining branch offices, or credits or other effects belonging to a judgment debtor and in the possession of or under the control of such the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, may be levied upon on by serving a copy of the writ of garnishment upon on the manager or other officer of such the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, at any office or branch thereof located in the county where such service is made. No garnishment shall be effective as to any debt owing by such the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, if the account evidencing such the indebtedness is carried at an office or branch other than the office or branch named in the writ and at which service is made or as to any credits or other effects in its possession or under its control at any other office or branch, unless the service of the writ is accompanied by a cash tender of twenty‑five dollars $25 to the garnishee as costs for the search. Upon On the payment of the search fee the writ shall be effective as to any debt owing by such the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company. , if the account evidencing such indebtedness is carried at any office or branch thereof located in the county in which service is made or as to any credits or other effects in its possession or under its control at any office or branch thereof located in the county in which service is made, but shall not be effective as to any debt owing by such banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, if the account evidencing such indebtedness is carried at an office or branch thereof located in a county other than the county in which service is made or as to any credits or other effects in its possession or under its control at any office or branch thereof located in a county other than the county in which service is made.
B. The procedure provided in this section for the Notwithstanding subsection A of this section, service of a writ of garnishment upon on any banking corporation or association, savings bank, savings and loan association, or credit union, trust company or title insurance company, maintaining branch offices, shall be exclusive may also be made by certified mail, return receipt requested, at the garnishee's regular place of business, or to the garnishee's statutory agent or at a location that is designated by the garnishee. If served by certified mail, the effective date of service is the date of receipt by the garnishee or the garnishee's statutory agent.