Does 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?
I assume that you are referring to a wage garnishment. Yes, if you file an objection (stating with specificity your basis for objecting) and request a hearing, the garnishment is halted until the hearing is resolved. You need an actual justification for objecting - using an objection simply to delay things will lead to bigger problems and more costs assessed to you (the creditor can assess the costs associated with the hearing if you lose on your objection).
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Two respondents said no and one said yes. I will thus create a tie. The garnishee just comply with the court order to garnish the funds from the moment the order is presented.
Requesting the hearing will NOT stop offer delay this and the two respondents who Said it would are wrong. The garnishee will not release the finds until after the court issues an order of continuing lien, but it will still take the funds from your check.
The judge may quash the garnishment or reduce the amount at the hearing, and if so the garnishee will return the funds to you if quashed. If the amount is reduced it will be effective going forward.
Tom Cesta is an Attorney with Fife & Cesta, a compasionate bankruptcy firm conveniently located off the US 60 in Mesa, Arizona. The answers given here are based on the information in the question, but for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.
No, the garnishment remains in effect and your employer will continue to withhold funds. If you prevail in your objection and the Court quashes the garnishment, your employer will return the funds to you. However, if you lose the objection the Court will issue an order of continuing lien and your employer will release the withheld money to the judgment creditor.
If you don't have a good faith objection the court may order you to pay additional fees and costs to the judgment creditor.
William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa, Arizona. The answers given here are based on the information in the question; for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.
Yes, filing an objection will delay things. However, you will probably want to consult with a 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.