How to Garnish Wages in Arizona

If a debtor fails to pay a credit card bill or other unsecured debt, he goes into default. The creditor can't seize property to satisfy the debt as it could if the debt were a secured debt, such as an auto loan or mortgage. However, the creditor can take court action against the debtor. After successfully winning a lawsuit against the debtor, the creditor can ask the court to garnish the debtor's wages. In Arizona, debtors have 10 days to object after receiving an order of wage garnishment.

Instructions

1

Sue the debtor for the amount of the debt, plus your attorney's fees to collect the debt. After you file the lawsuit in your local civil court, serve a summons to the debtor. Give the summons to the court clerk so he can make arrangements to serve it to the debtor.

2

Wait 20 days for your court hearing. The debtor has 20 days to submit a response to the court before the hearing. If the debtor doesn't respond to the summons and doesn't appear in court, ask the court to issue a default judgment against the defendant. Mail a copy of the default judgment to the defendant as soon as the court gives you one.

3

Wait 10 days. If the debtor doesn't pay the judgment, sign an affidavit stating that you've demanded the judgment amount. Turn the affidavit into the court with an application for wage garnishment. The court grants you a writ of garnishment and gives you a copy to serve to the debtor's employer.

4

Give a copy of the writ of garnishment to the debtor three days after you give it to the employer.

5

Wait 10 days. If the debtor files a written objection to the garnishment, you must return to court so the court can hear both sides and determine whether to garnish your wages. Otherwise, the employer must forward you garnished wages each pay period until the debt is satisfied.