Tucson Arizona Order Requesting Garnishee to Appear and Answer

State:
Arizona
City:
Tucson
Control #:
AZ-GAR-5
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain acion, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order Requesting Garnishee to Appear and Answer, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).

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FAQ

Send a sealed (stamped) copy of the garnishee order to the garnishee (for example, the other party's bank). You do not have to give a copy to the judgment debtor. If you are serving a garnishee order on a bank, you should contact the bank to find out their address for service of legal documents.

A creditor with a judgment can begin the wage garnishment process in Alabama. To initiate the process, your judgment creditor will file the Alabama Process of Garnishment form. The court will serve a copy of this form to you and your employer.

Get form EJ-100 and fill it out. File it with the court and send a copy to the debtor. Keep a copy for your records. Notify the levying officer (i.e., the sheriff's department) that the judgment has been paid and ask them to release the garnishment.

Garnishee Order applies to existing debts as also debts accruing due i.e. SB/CD, RD/FD Accounts. Garnishee Order applies only to those accounts of Judgement Debtor which have credit balance. The relationship between bank and judgement debtor is of debtor and creditor.

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.

Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.

Garnishment, or wage garnishment, is when money is legally withheld from your paycheck and sent to another party. It refers to a legal process that instructs a third party to deduct payments directly from a debtor's wage or bank account. Typically, the third party is the debtor's employer and is known as the garnishee.

A garnishee order must be issued by a magistrate in a court near where you work or live and you must be asked to appear in courtThe reason for this is to give you an opportunity to show whether or not the debt is legal and how much you can afford to pay from your salary to clear the debt.

EXAMPLES OF AMOUNTS SUBJECT TO GARNISHMENT An employee's gross earnings in a particular week are $263. After deductions required by law, the disposable earnings are $233.00. In this week, $15.50 may be garnished, because only the amount over $217.50 may be garnished where the disposable earnings are less than $290.

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Tucson Arizona Order Requesting Garnishee to Appear and Answer