State Codes and Statutes

State Codes and Statutes

Statutes > Arizona > Title12 > 12-1598.12

12-1598.12. Reporting by judgment creditor

A. Except as provided in subsection B, as long as the order of continuing lien is in effect the judgment creditor shall issue a report in writing to the garnishee and the judgment debtor within twenty-one days after the end of each calendar quarter.

B. The judgment creditor shall report in writing to the garnishee and judgment debtor within twenty-one days after payment is received from the garnishee reducing the outstanding balance on the judgment to five hundred dollars or less and within the first ten days of each calendar month thereafter until the judgment is satisfied.

C. The reports required in subsections A and B shall contain the following:

1. The beginning and ending date of the reporting period for that report. The beginning date of the first reporting period is the date the writ was served.

2. The date and amount of each payment received during the reporting period.

3. The total amount credited to the judgment balance for that reporting period.

4. The interest accrued during that reporting period.

5. The total outstanding balance due on the judgment as of the ending date of the reporting period.

D. It is the obligation of the judgment creditor to take reasonable action to assure that the garnishee does not withhold more nonexempt earnings of the judgment debtor than are necessary to satisfy the underlying judgment. Reasonable action includes at least written notice directed to the garnishee or his authorized representative if the balance due on the judgment is less than double the amount of nonexempt earnings received in the preceding two pay periods. The judgment creditor shall instruct the garnishee to cease withholding earnings after the full amount of the judgment has been paid to the judgment creditor or when the judgment creditor has been notified that sufficient monies have been withheld to satisfy the underlying judgment.

E. Immediately after the underlying judgment is satisfied or expires, the judgment creditor shall file with the clerk of the court a satisfaction or release of the writ and shall deliver a copy of that satisfaction or release to the garnishee, the judgment debtor and any creditor who has delivered a written request for such notice to the judgment creditor or his attorney.