Arizona Writ of Garnishment (Earnings) + Exemption Claim Package

ARIZONA WRIT OF GARNISHMENT (EARNINGS) AND EXEMPTION CLAIM PACKAGE

PART 1 — PRE-GARNISHMENT CHECKLIST (CREDITOR'S COUNSEL)

☐ Final money judgment entered; non-appealed
☐ Judgment debtor's employer (or financial institution) verified
☐ Debtor's last known mailing address documented
☐ Total balance due calculated, including post-judgment interest
☐ Writ of Garnishment and Summons prepared (Earnings vs. Non-Earnings packets are separate)
☐ Underlying judgment copy attached
☐ Two copies of Writ + Summons; four copies of Answer form; two copies of Notice to Judgment Debtor and Request for Hearing form; two copies of Instructions to Garnishee; four copies of Nonexempt Earnings Statement (§ 12-1598.04(C))
☐ Service via certified mail/process server on Garnishee
☐ Service of Writ + initial Notice on Judgment Debtor within 3 days (excluding weekends/holidays) after service on Garnishee (§ 12-1598.04(D))
☐ Confirm Prop 209 thresholds: 10% standard / 5% hardship; doubled multipliers
☐ Confirm no bankruptcy stay

PART 2 — APPLICATION FOR WRIT OF GARNISHMENT (EARNINGS)

[SUPERIOR / JUSTICE] COURT OF ARIZONA
IN AND FOR [__________________] COUNTY

Case No.: [______________________]

APPLICATION FOR WRIT OF GARNISHMENT (EARNINGS)

Judgment Creditor, by undersigned counsel, applies for a Writ of Garnishment of Earnings pursuant to A.R.S. § 12-1598 et seq. and Proposition 209, and states:

1. Judgment was entered against Judgment Debtor on [__/__/____] in the amount of $[__________]. The outstanding balance, including accrued interest at [____]% per annum, attorney's fees, and allowable costs is $[__________] as of [__/__/____].

2. Garnishee is [GARNISHEE NAME], located at [Address], believed to be Judgment Debtor's employer.

3. Judgment Debtor's last known address: [______________________]

4. The post-Proposition 209 maximum withholding is 10% of nonexempt earnings, reducible to 5% on a showing of extreme economic hardship (A.R.S. § 12-1598.10; Silence v. Betts).

5. No pending bankruptcy is known to the Creditor.

6. Judgment Creditor seeks issuance of a Writ of Garnishment with a continuing lien upon Judgment Debtor's nonexempt earnings until satisfaction.

WHEREFORE, Judgment Creditor requests that the Clerk issue a Writ of Garnishment and Summons in the form prescribed by A.R.S. § 12-1598.04 and that the Court forms be issued accordingly.

Dated: [__/__/____]

_________________________________
[ATTORNEY NAME], Bar No. [____________]
[FIRM NAME]
[Address] | [Phone] | [Email]
Attorney for Judgment Creditor

PART 3 — WRIT OF GARNISHMENT AND SUMMONS (EARNINGS)

[SUPERIOR / JUSTICE] COURT OF ARIZONA
IN AND FOR [__________________] COUNTY

Case No.: [______________________]

WRIT OF GARNISHMENT AND SUMMONS (EARNINGS)

THE STATE OF ARIZONA TO: [Garnishee Name and Address]

YOU ARE HEREBY COMMANDED, pursuant to A.R.S. § 12-1598.04, to:

1. Withhold from the nonexempt earnings of Judgment Debtor [JUDGMENT DEBTOR NAME], beginning the first payday after service of this Writ, the maximum amount permitted by A.R.S. § 12-1598.10 (post-Proposition 209): 10% of nonexempt earnings per pay period (or 5% if reduced for hardship by Court order), as calculated on the Nonexempt Earnings Statement.

2. Continuing Lien: This Writ creates a continuing lien on the Judgment Debtor's nonexempt earnings until the judgment, interest, costs, and Garnishment fees are paid in full, or until further Court order.

3. Answer: File a written Answer with this Court within ten (10) business days following each pay period (and serve copies on Judgment Creditor and Judgment Debtor) using the Nonexempt Earnings Statement form provided.

4. Pay Over: Deliver the withheld nonexempt earnings to the Court (or as Court otherwise directs) following each Answer.

Judgment Information

Rate of post-judgment interest: [____]% per annum.

Notice to Garnishee

Under A.R.S. § 12-1598.10 (as amended by Prop 209, effective Dec. 5, 2022):

• The maximum portion of nonexempt earnings subject to garnishment is 10%, reducible by court order to 5% on a showing of extreme economic hardship.
• "Nonexempt earnings" = disposable earnings minus the sum of: (i) the highest federal, state, or local minimum wage, multiplied by the doubled multiplier for the pay period (60 weekly; 120 bi-weekly; 130 semi-monthly; 260 monthly).
• Use Form NEES (A.R.S. § 12-1598.16) for each pay period; line 14 should reflect 10% (or 5% upon Court order).
• Garnishee may deduct a one-time fee of $5 and ongoing $1 per pay period for processing (A.R.S. § 12-1598.13).

WITNESS the Honorable Judge / Justice of the Peace, this _____ day of __________, ______.

_________________________________
Clerk of the Court / Justice Court

PART 4 — NOTICE TO JUDGMENT DEBTOR AND REQUEST FOR HEARING

[SUPERIOR / JUSTICE] COURT OF ARIZONA
[__________________] COUNTY

Case No.: [______________________]

NOTICE TO JUDGMENT DEBTOR OF GARNISHMENT AND OF RIGHT TO REQUEST HEARING

TO: [JUDGMENT DEBTOR NAME], [Address]

A Writ of Garnishment has been served on your employer/Garnishee, [GARNISHEE NAME]. After service, your employer is required by law to withhold up to 10% of your nonexempt earnings each pay period until the judgment is satisfied (or 5% if a Court orders a reduction for extreme economic hardship).

You have the right to:

1. Object to the Writ of Garnishment (e.g., dispute the validity of the underlying judgment, claim it has been satisfied, or assert the Garnishee is not your employer);
2. Claim exempt earnings beyond the statutory minimum (Social Security, SSI, VA, unemployment, etc.);
3. Request a reduction in the percentage withheld to 5% based on extreme economic hardship; and
4. Request a hearing to be held within ten (10) court days of your request.

Earnings Not Subject to Garnishment (A.R.S. § 33-1131; § 33-1126; federal):

• Social Security, SSI, VA benefits, federal civil-service retirement
• Unemployment compensation (A.R.S. § 23-783)
• Workers' compensation (A.R.S. § 23-1068)
• Public assistance / TANF
• Child support and spousal maintenance received
• ERISA-qualified retirement
• Earned income tax credit

Property Exemptions (A.R.S. § 33-1126):

• Life insurance proceeds (up to $20,000 — adjusted for CPI)
• Health/disability insurance proceeds
• IRA / 401(k) / pension funds
• Funds in bank accounts up to $5,000 for an individual (Prop 209 increased from $300)
• Federal and state tax credits (EITC, child tax credit)

Request for Hearing

I, [JUDGMENT DEBTOR NAME], request a hearing on the Writ of Garnishment served on [__/__/____].

Grounds (check all that apply):
☐ Judgment has been paid in full / partially satisfied
☐ Earnings are wholly exempt (e.g., Social Security / VA / unemployment)
☐ Garnishee is not my current employer
☐ Extreme economic hardship — request reduction from 10% to 5%
☐ Calculation on the Nonexempt Earnings Statement is incorrect (e.g., wrong minimum wage used; multiplier not doubled)
☐ Bankruptcy stay under 11 U.S.C. § 362 (Case No. [__________])
☐ Pre-Prop-209 percentages incorrectly applied (writs issued/served after Dec. 5, 2022)
☐ Other: [______________________]

Statement of Hardship (attach if seeking reduction)

Dependents in household: [____]

I declare under penalty of perjury under the laws of Arizona that the foregoing is true.

Dated: [__/__/____]

_________________________________
[JUDGMENT DEBTOR NAME]
[Address] | [Phone] | [Email]

FILE WITH: Clerk of [Court Name], [Address]
COPIES TO: Judgment Creditor's attorney; Garnishee

PART 5 — GARNISHEE'S NONEXEMPT EARNINGS STATEMENT (NEES) (A.R.S. § 12-1598.16)

Case No.: [______________________]
Judgment Debtor (Employee): [______________________]
Garnishee (Employer): [______________________]

Pay Period Ending: [__/__/____] (☐ Weekly ☐ Bi-Weekly ☐ Semi-Monthly ☐ Monthly)

I certify under penalty of perjury that this Statement is true and correct.

Dated: [__/__/____]

_________________________________
[GARNISHEE — Authorized Representative]
Name: [____________] | Title: [____________]

PART 6 — WAGE GARNISHMENT CALCULATION WORKSHEET (Post-Prop 209)

Pay Period: ☐ Weekly ☐ Bi-Weekly ☐ Semi-Monthly ☐ Monthly

Key Inputs:

• Arizona min wage (verify current year): $[____]/hr
• Federal min wage: $7.25/hr
• Local min wage (e.g., Flagstaff, Tucson): $[____]/hr — if higher, use this

Compared to old law: Pre–Dec. 5, 2022 writs used 25% (or 15% hardship) and singled multipliers (30/60/65/130). All writs served on or after Dec. 5, 2022 must use the new percentages and doubled multipliers per Silence v. Betts.

PART 7 — MOTION TO QUASH / DISSOLVE WRIT OF GARNISHMENT

[SUPERIOR / JUSTICE] COURT OF ARIZONA
Case No.: [______________________]

MOTION TO QUASH WRIT OF GARNISHMENT

Judgment Debtor moves to quash the Writ of Garnishment served [__/__/____] on the following grounds:

☐ Judgment satisfied in full / partially (proof attached)
☐ Garnishee not Judgment Debtor's employer
☐ All earnings exempt under A.R.S. § 33-1126 / federal law
☐ Pre-Prop 209 percentages incorrectly applied
☐ Multipliers not doubled; wrong minimum wage used (federal instead of state/local highest)
☐ Mandatory pre-garnishment notice under A.R.S. § 12-1581 not provided
☐ Service of Writ on Judgment Debtor not made within 3 business days of service on Garnishee (§ 12-1598.04(D))
☐ Automatic stay under 11 U.S.C. § 362
☐ Other: [______________________]

Relief Requested:
(a) Quash the Writ;
(b) Order return of all sums withheld since [__/__/____];
(c) Award attorney's fees and costs;
(d) Such other relief as the Court deems just.

Dated: [__/__/____]

_________________________________
[ATTORNEY / DEBTOR NAME]

PART 8 — NOTICE OF HEARING

[SUPERIOR / JUSTICE] COURT OF ARIZONA
Case No.: [______________________]

NOTICE OF HEARING ON OBJECTION / MOTION

A hearing on the [Request for Hearing / Motion to Quash / Hardship Reduction Request] filed by [______________________] is set:

Date: [__/__/____]
Time: [____] a.m./p.m.
Location: [Court Name], [Address], Courtroom [____]
Before: Honorable [______________________]

Pursuant to A.R.S. § 12-1598.07, this hearing shall be held within ten (10) court days of the request.

Bring to hearing:
☐ Most recent 3 months pay stubs
☐ Bank statements (3 months)
☐ Award letters (SSA, VA, unemployment, workers' comp, AHCCCS/TANF)
☐ Lease / mortgage / utility statements
☐ Medical / child-care receipts
☐ Tax returns (last filed)
☐ Bankruptcy filings (if applicable)
☐ Proof of judgment satisfaction (if applicable)

_________________________________
Clerk of the Court / Justice Court
Date: [__/__/____]

PART 9 — NON-EARNINGS GARNISHMENT (BANK / OTHER) — CROSS-REFERENCE

For non-earnings garnishments (e.g., bank accounts), use A.R.S. § 12-1571 et seq. and the separate Garnishment of Non-Earnings packet. Key Prop 209 protections:

• Bank-account exemption increased to $5,000 per debtor (formerly $300)
• Vehicle equity exemption increased to $15,000 ($25,000 if disabled) per A.R.S. § 33-1125
• Homestead increased to $400,000 under A.R.S. § 33-1101 (subject to CPI adjustment)
• Federally protected benefits (Social Security, VA, SSI) fully exempt under 42 U.S.C. § 407 and 31 C.F.R. § 212

SOURCES AND REFERENCES

• A.R.S. § 12-1571 et seq. (Non-Earnings Garnishment)
• A.R.S. § 12-1598 et seq. (Earnings Garnishment)
• A.R.S. § 12-1598.04 (Issuance of Writ; 3-day service on Debtor)
• A.R.S. § 12-1598.10 (Post-Prop 209 limits)
• A.R.S. § 12-1598.16 (Nonexempt Earnings Statement / NEES)
• A.R.S. § 33-1126 (Money exemptions)
• A.R.S. § 33-1131 (Earnings exemption definitions)
• Proposition 209 (Predatory Debt Collection Protection Act; effective Dec. 5, 2022)
• Silence v. Betts, 1 CA-CV 23-0178 (Ariz. Ct. App. Jun. 27, 2024)
• Maricopa County Justice Courts — Garnishment of Earnings Packet
• Arizona Administrative Directive 2022-15

Disclaimer: This template does not constitute legal advice. The Arizona minimum wage, Prop 209 multipliers, and exemption dollar amounts are CPI-adjusted annually. Always verify current rates. Consult a licensed Arizona attorney.