Does a request for a hearing delay garnishment?
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.