Notice to judgment debtor or defendant
(Non-earnings)
You are hereby notified that this court has issued an order in the above case in favor of the judgment creditor in this proceeding, directing that some of your money, property or corporate shares or interest be used to satisfy some of your debt to the judgment creditor. The order was issued to enforce the judgment creditor's judgment, support order or provisional remedy order against you that was obtained in (the name of court) in (case number) on (date). A copy of the judgment or order is attached.
The law provides that monies from certain benefits or in certain amounts are free from the claims of creditors even if deposited in a bank, savings and loan association or credit union. Some examples of exempt monies appear later in this notice. The law also provides that certain personal property is exempt from the claims of creditors. Some examples of exempt property appear later in this notice.
Within ten days after being served with the writ of garnishment the garnishee who is holding your money or personal property is required to mail or deliver to you his answer stating what money or personal property he is withholding from you for the judgment creditor pursuant to the writ.
You may object to the garnishment or file a claim of exemption by requesting a hearing with this court, if you believe any of the following is true:
Other state and federal exemptions may apply. Certain exemptions may not apply to support orders or to the collection of taxes. An attorney can assist you in determining what monies are exempt.
These exemptions are limited in statute by description and dollar value. An attorney can assist you in determining what personal property is exempt.
If you request a hearing it will be held no later than five days, not including weekends and holidays, after your request is received by the court. If appropriate, you may request a hearing before the garnishee files his answer.
The court will notify you and the other parties of the time and date of the hearing. You may attend the hearing with or without an attorney.
Request for hearing
I request a hearing to object to the garnishment or claim exempt monies because:
_______ 1. The judgment is not valid.
_______ 2. The judgment has been paid.
_______ 3. Exempt monies are being garnished:
_______ (a) One hundred fifty dollars in a bank, savings and loan association or credit union.
_______ (b) Temporary assistance for needy families, social security benefits, supplemental security income or United States department of veterans affairs benefits.
_______ (c) Other pension or retirement benefits.
_______ (d) Workers' compensation or other insurance benefits.
_______ (e) Other _______________________________.
_______ 4. Exempt personal property is being garnished:
_______ (a) Household goods, furnishings or appliances.
_______ (b) Motor vehicle equity under one thousand five hundred dollars or three thousand dollars, if applicable.
_______ (c) Personal items.
_______ (d) Tools and equipment of a trade.
_______ (e) Other _____________________________.
_______ 5. No answer has been received within fifteen days.
_______ 6. The answer of the garnishee is incorrect.
_______ 7. Other __________________________________.
___________________________________________
Date
___________________________________________
Name (print)
___________________________________________
Signature
___________________________________________
Address
___________________________________________
City, state, zip code
___________________________________________
Telephone number
Warning: To request a hearing, this document, or one similar, must be received by this court within ten days after your receipt of the answer of garnishee, unless good reason for the delay is shown.
The court has issued an order requiring the garnishee to deliver money or property it owes you to the judgment creditor because of the judgment he has against you. In some circumstances your money or property is protected by law from being taken. This is explained in the notice. A Spanish translation of that notice can be obtained from the court.
A.R.S. § 12-1596