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Arizona Petition for Order to Show Cause Regarding Garnishee's Default

State:
Arizona
Control #:
AZ-JUS-14-GE
Format:
Word; 
Rich Text
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Description

This model form, a Petition and Order to Show Cause Re: Garnishee's Default, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s).

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FAQ

Renew the judgment Money judgments automatically expire (run out) after 10 years. To prevent this from happening, the creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.

With these changes, a garnishment that is issued will expire in six (6) months, and then a new garnishment will have to be issued. The old law forced Creditors to file a new garnishment every month for each Debtor.

Unfortunately a garnishee order can only be stopped by bringing an application to court to have the order stopped, or, if the judgment creditor informs the employer or garnishee that he no longer needs to deduct money from your salary.

Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support.

Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.

Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side.Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.

A garnishment judgment will stay on your credit reports for up to seven years, affecting your credit score.

Typically, a court's rules governing enforcement of default judgments include procedures for wage garnishments, attachment of bank accounts and seizure of assets. The plaintiff can usually pursue more than one of these enforcement mechanisms simultaneously.

If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.

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Arizona Petition for Order to Show Cause Regarding Garnishee's Default