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Garnishment Rights in Arizona– What You Should Know

 

Your garnishment rights can protect you if a creditor is threatening you with garnishment of bank accounts or you need to stop wage garnishment by a creditor. Arizona laws regarding garnishment of wages and other assets and incomes is very complex and must be followed strictly. If your creditor does not follow all the rules to the letter, the creditor can be penalized. While this article will give you quite a bit of information about your rights, it is important to get help from an attorney to ensure your rights are protected.

 

The first thing you need to know about your garnishment rights is that before a creditor commences with garnishment of bank accounts, wages or other income and assets, the creditor must first get a judgment against you. That means the creditor must file a complaint against you in an Arizona court, claiming that you have failed to pay your bills.

 

A common mistake people make is not responding when they receive a summons and complaint from a creditor. This is the first step in protecting your rights. A creditor could, either unknowingly or purposely, enter false information about how much you owe or other circumstances regarding your debt. If you and your attorney don’t review their claims and object to erroneous information, the court may enter a judgment against you for more than you really owe. Once a judgment is entered, it is difficult to stop wage garnishment, garnishment of bank accounts or any other property seizures.

 

 

Your garnishment rights after a judgment is entered

 

After a judgment is entered against you on the creditor’s behalf, the creditor must then apply for a Writ of Garnishment. This is the next level of protecting your garnishment rights. All information that the creditor supplies on the application for the writ of garnishment must be correct. If any of this information is incorrect, the creditor’s right to garnishments may be delayed and the creditor will have to stop wage garnishment and re-apply.

 

If the writ of garnishment is granted, the creditor has to submit paperwork to the entities that they are garnishing from, i.e. your employer, bank, etc. Then there are procedures to verify that there is money available for garnishment and more paperwork must follow. If wages are being garnished, the creditor must file reports every quarter and additional reports toward the end of the garnishment. If any of this paperwork or reporting is done improperly, you can contest the garnishment and the creditor may be penalized. Your attorney will be able to follow and check the paperwork to protect your garnishment rights.

 

Lastly, you need to know that, if your wages are being garnished, not all your wages can be garnished. There are limits to how much of your wages can be garnished. For more information on how much of your wages are available for garnishment, please read our article: Wage Garnishment Rights Explained for You.

 

The best way to find out how to protect your rights in a garnishment situation is to talk to an attorney. It costs nothing to speak with attorney Jeffrey P. Judge and find out how he can help you and what your rights are. Click here to schedule a free consultation. Or call Judge Law Firm at 520-745-1500 to talk to someone today.