 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
writ of garnishment; certified mail
Purpose
Allows a writ of garnishment to be served by certified mail.
Background
A judgment creditor is a person or entity that has a money judgment or an order for support of a person that is due and unpaid. A judgment debtor is a person or entity against which a money judgment has been awarded or against which an order for support of a person is due and unpaid (A.R.S. § 12-1570). To secure payment of monies owed, a judgment creditor may apply to the court for a writ or garnishment (A.R.S. § 12-1572). A writ of garnishment of monies or property and a summons is directed to the sheriff, constable or any officer authorized by law to serve process in the county where the garnishee is alleged to be.
The judgment creditor is required to 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. The garnishee must then deliver a copy of the summons and writ of garnishment to the judgment debtor within three business days (A.R.S. § 12-1574).
Statute prescribes procedures for serving a writ of garnishment on a financial institution, acting as a garnishee, in the possession of or under the control of credits or other effects belonging to the judgment debtor. Monies owed to the judgment creditor may be levied by serving a copy of the writ of garnishment on the manager or other officer of the financial institution at any office or branch located in the county where service is made (A.R.S. § 12-1577).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows service of a writ of garnishment to be made by certified mail, return receipt requested:
a) at the garnishee's regular place of business;
b) to the garnishee's statutory agent; or
c) a location designated by the garnishee.
2. States that the effective date of service for a writ of garnishment served by certified mail is the date of receipt by the garnishee or the garnishee's statutory agent.
3. Allows a writ of garnishment served on a financial institution to be effective when served on an office or branch located outside the county of service.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
JUD 2/6/19 DPA 10-0-0-0
3rd Read 2/25/19 60-0-0
Prepared by Senate Research
March 5, 2019
JA/kja