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A.R.S. § 12-1571

Issuance of writ

Applied in 2 court decisions — leading case Finberg v. Sullivan (1980)

Most recently applied in Citibank (Arizona) v. Bhandhusavee (November 1996)

A. The clerk of the court or justice of the peace shall issue writs of garnishment, returnable to their respective courts, upon the filing of the application required by section 12-1572 and the bond required by section 12-1573.

B. City and town magistrates may issue writs of garnishment, which are returnable to their respective courts, for nonpayment of any monies payable to the court including but not limited to bonds, fines, fees, sanctions, penalties, surcharges, assessments and restitution imposed in their courts on the filing of the application required by section 12-1572 and the bond required by section 12-1573. A political subdivision or court is considered a judgment creditor for purposes of garnishment.

C. The writ may issue to the judgment creditor as garnishee for property of the judgment debtor in possession of the judgment creditor or a third party.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.