In an Arizona case, recently received “Initial Notice to Judgement Debtor of Garnishment” and “Writ of Garnishment and Summons” from the plaintiff’s attorney. From the Garnishee, received a copy of the “Answer of Garnishee”. With both filings there were slightly different forms included for my use (Defendant) to request a hearing. If I request a hearing, is the Garnishee required to wait until after the hearing to begin withholding or garnishing wages?

A: Yes, filing an objection will delay things. However, you will probably want to consult with an Arizona collections lawyer about your objection to make sure it is legally justified.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Arizona Collection Lawyer at Gunderson, Denton & Peterson, P.C.
Re-posted from AVVO Legal Questions & Answers.

Q: In the state of Arizona can a business account be garnished from multiple member LLC’s with out a judgement against the LLC?

A: A creditor could send a garnishment to the LLC, demanding that any amounts the LLC would otherwise pay to the debtor must be sent to the creditor. In other words, the creditor might be able to get to money the LLC owes to one of its owners or employees. But unless there’s a judgment against the LLC, the creditor could not garnish the LLC’s money. Garnishment laws can be tricky, though, and your questions doesn’t have a lot of details. You will probably want to consult with a lawyer before making any decisions related to garnishment.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Arizona Collection Lawyer at Gunderson, Denton & Peterson, P.C.
Re-posted from AVVO Legal Questions & Answers.

Citibank and Dillards obtained a judgment against me in 2008 for a debt default in 2005 there is a garnishment at my place of business although with 1099 IRS status I am self employed. How can they collect? Since I am self employed.

A: A garnishment can be valid against payments to you, even if you’re not an employee. You may want to look into whether the garnishment was properly done, whether the parties named are correct, and whether other procedural issues have been followed. You might have some defenses. However, it is NOT a defense that you are an independent contractor. Best of luck!

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Arizona Collection Lawyer at Gunderson, Denton & Peterson, P.C.
Re-posted from AVVO Legal Questions & Answers.