Serving Writs of Garnishment

At RapidRPS.com, we are often asked about the type of documents we serve.  In order to provide a guide for service of Writs of Garnishment (Wage Garnishment, Bank Levy, etc.), we provide the following:

RapidRPS serves Writ(s) of Garnishment on banks, employers, and other sources of income and income streams.  Please send your documents directly to our office.  If you need documents produced, RapidRPS is an Arizona Certified Legal Document Preparer (AZCLDP #81293).  If you have any questions, please give us a call at (877) 472-7431 or drop us an email at: service@rapidrps.com.  We’ll be happy to help.

The following is a checklist of items we need to have in order to effect service of any writ:

NON-EARNINGS GARNISHMENT:

Documents to Serve:

1. 2 COPIES:      FORM 2, Writ of Garnishment & Summons (Non-Earnings)
2. 1 COPY:         FORM 3, Instructions to Garnishee (Non-Earnings) 
3. 4 COPIES:      FORM 4, Garnishee’s Answer (Non-Earnings)
4.  2 COPIES:      FORM 7,  Notice to Judgment Debtor of Garnishment (Non-Earnings)      
5. 2 COPIES:      FORM 8, Request for Hearing on Garnishment (Non-Earnings)      
6. 2 COPIES:      FORM 9, Notice of Hearing on Garnishment (Non-Earnings)
7.  1 COPY:         JUDGMENT (If Judgment Creditor is the Assignee, a copy of the Assignment of Judgment, as well)
8. $25 SEARCH FEE CHECK (Payable to Garnishee)

WAGE GARNISHMENT:

Documents to Serve on Employer:

1.  2 COPIES:      FORM 2, Writ of Garnishment & Summons (Earnings)
2.  2 COPIES:      FORM 5, Instructions to Garnishee (Earnings)         
3.  4 COPIES:      FORM 6, Garnishee’s Answer (Earnings)
4.  4 COPIES:      FORM 9,  Notice of Hearing on Garnishment (Earnings)     
5. 2 COPIES:      FORM 10, 2nd Notice to Judgment Debtor of Garnishment (Earnings)
6. 2 COPIES:      FORM 11, Request for Hearing on Garnishment (Earnings)
7.  4 COPIES:      FORM 12, Garnishee’s Nonexempt Earnings Statement      
8.  2 COPIES:      FORM 14,  Request for Hearing on Nonexempt Earnings Statement
9. 1 COPY:         JUDGMENT (If Judgment Creditor is the Assignee, a copy of the Assignment of Judgment, as well)

Documents to Serve on Judgment Debtor:

1. 1 COPY:         FORM 2, Writ of Garnishment & Summons (Earnings)
2. 1 COPY:         FORM 7, Initial Notice to Judgment Debtor of Garnishment (Earnings)     
3. 1 COPIES:      FORM 8, Request for Hearing on Garnishment (Earnings)  
4. 1 COPY:         FORM 9,  Notice of Hearing on Garnishment (Earnings)

Disclaimer: This article was written for educational purposes only. Nothing in this communication should be considered legal advice. The reader should do his/her own research to verify the accuracy and applicability of the information presented.  At RapidRPS, we not only serve legal process, but also prepare legal documents for enforcement of your judgment and other purposes. Neither RapidRPS nor any of our employees, assigns or agents are attorneys. We do not render legal advice. If you require legal advice, please consult your own counsel. 

January 6, 2012: RapidRPS Assists the Arizona Process Servers Association in Submitting Proposed Changes to Service of Process Rules for Arizona.

Working on a long-term project to modernize and further professionalize the process serving profession in Arizona, RapidRPS worked with the Board of Directors of the Arizona Process Servers Association to write proposed rule changes to further define, clarify and improve the rules for service of process.  Under Rule 28 of the Rules of the Supreme Court of Arizona, RapidRPS and APSA diligently worked together to construct and submit proposed rule changes for the betterment of the public, courts, litigants, attorneys and process servers. 

Arizona, like other states and the Federal courts utilize a varied and somewhat complicated system of rules for moving litigation forward.  Under the Rules of the Supreme Court of Arizona, Rule 28 allows any interested party to submit proposed changes to the rules not only for service of process, but for other procedural issues, as well.  Rule 28 requires that there be a public comment period on proposed rule changes not requiring immediate effect.  Barring any revisions, the proposed rule changes, if approved, could take effect as early as January, 2013.

Here are the highlights of the proposed rule changes:

ARCP Rule 4.1:

Requires service of legal process that is punishable by contempt of court or a civil arrest warrant to be personally served.  "Any order of the court in such pleading which may result in the issuance of a civil arrest warrant, as defined in ARCP Rule 64.1(a) or a finding of contempt must be personally served upon the individual, or, in the alternative, served by an order of the court in accordance with ARCP Rule 4.1(m)" . 

Defines the age by which a person is presumed to be of “suitable age and discretion” to be defined as “a member of the household or a person apparently in charge therein, who stated or appeared that he or she was at least 15 years of age at the time of service…”.

Allows for service at an HOA or planned community.  While other states have varied allowances and statutory requirements for service at guard gated communities, we are proposing to be allowed to serve at the HOA or planned community “…If after having identified himself or herself to the guard as a Process Server, Constable or Deputy Sheriff having lawful business in serving legal process upon a person reasonably believed to be residing or located in such planned community or other such location, and entry to such planned community or other such location is denied, service of a copy of the summons, pleading and other documents being served may be performed by leaving a copy of the legal process with the guard, who shall be informed of the general nature of the legal process, and thereafter mailing a copy of the legal process by first-class mail, postage prepaid thereon to the person served at the individual's dwelling house or usual place of abode.  Service of legal process in this manner is deemed complete on the 3rd day after the mailing.”

Allows for substituted service at a business or place of mailing.  Many times, Process Servers, Constables and Deputy Sheriffs are prevented from serving legal process at a person’s place of employment or mailing (i.e.: a UPS Store, etc.).  The proposed new subsection to rule 4.1 states that service should be allowed by, “Leaving a copy of the summons, pleading and other documents being served at that individual's usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a person apparently in charge therein, who shall be informed of the general nature of the legal process and thereafter mailing a copy of the legal process by first-class mail, postage prepaid thereon to the person served at the location where service was made.  Service of legal process in this manner is deemed complete on the 3rd day after the mailing.“

Similar, supporting changes are also proposed for ARCP Rule 5(c) and Rules of Family Law Procedure Rule 41(c) and RFLP Rule 43(c), as well.  While at the time of this writing, the proposed rule changes have not yet been posted to the Supreme Court’s website, we expect that to happen, soon.  RapidRPS will post updates as they become available. 

Enforcing Judgments for the Pro Per

Unlike governments and large corporations, most often the small business or individual who represents himself or herself in court who won a judgment has limited means at their disposal to enforce their judgment. Many times, the Pro Per Judgment Creditor has won a small claims judgment or limited civil judgment. In Arizona, these are procured through the Justice Court. Having little or no experience in court proceedings, most Pro Per Judgment Creditors do not know what the assets are of the Judgment Debtor (the party who owes the judgment) and are unable to immediately collect their judgment.  Here are some means of enforcing the judgment which may be available to the judgment creditor.

Recording a judgment lien. For a judgment lien to be effective against real property, it must emanate from the Superior Court. Justice Courts can hear matters regarding possession of, but not title to, real property. A Justice Court judgment may be elevated to the Superior Court by utilizing the transcript process (ARS §22-246). If the judgment is moved to Superior Court, all subsequent proceedings must occur within that court.

Conducting a Judgment Debtor Examination. When the Judgment Debtor's assets are unknown, one way for the Judgment Creditor to find them is through the Judgment Debtor Examination. This is known as a Supplemental Proceeding under the statutes. During a Supplemental Proceeding, the Judgment Debtor (once served) is ordered to appear in court on a specified date and time to answer questions about his/her/their assets and liabilities.

The Order to Appear for Examination (or ORAP) is the document served which compels the appearance of the Judgment Debtor. Failure to appear by the Judgment Debtor may result in a Civil Arrest Warrant (ARCP Rule 64.1, et seq.). A “civil arrest warrant” is an order issued in a non-criminal matter, directed to any peace officer in the state, to arrest the individual named therein and bring such person before the court. (ARCP Rule 64.1(a))

The ORAP is usually served with a Subpoena Duces Tecum (or SDT). The SDT, served in conjunction with the ORAP, directs the Judgment Debtor to bring to court certain records pertaining to his/her/their assets and liabilities. The documents which may be indicated on the SDT are wide ranging.

Per ARS §12-1631(B), "No judgment debtor shall be required to attend out of the county in which he resides", accordingly, an examination of a Judgment Debtor may be conducted in accordance with ARS §12-407, et seq.

Writs. A Writ is the instrument which conveys the authority of the court to exercise its jurisdiction over the assets of the Judgment Debtor.  Per ARS §12-1558(A): All property, real and personal, not exempt by law, and all property and rights of property seized and held under attachment or garnishment in an action, are liable to execution. Per ARS §12-1558(B): Shares and interests in a corporation, and debts and credits, choses in action, and all other property, or any interest therein, legal or equitable, not capable of manual delivery, may be levied upon and sold under execution.  In Arizona, there are two general types of writs issued for civil judgment enforcement:  the Writ of Garnishment, and the Writ of Execution.

Writ of Garnishment. If the employment (or self-employment) of the Judgment Debtor is known, generally, a Writ of Garnishment (Earnings) is served. This initially requires the Garnishee (employer) to withhold up to 25% of the Judgment Debtor's available earnings.  If a bank, brokerage or stream of income from sources other than employment is known, a Writ of Garnishment (Non-Earnings) is used. This enables the Judgment Creditor to capture available monies at the time of service.  In utilizing either (or both) types of Writ(s) of Garnishment, certain requirements and restrictions apply. 

A Writ of Garnishment must be followed up by obtaining a Judgment Against Garnishee to have any effect. Other states have varying remedies; Arizona is quite different.  Arizona's civil writ procedures have been most often compared to Texas, in that both require a Judgment Against Garnishee to be enforceable.   

A Writ of Execution allows the physical taking of property from the Judgment Debtor or other person(s) in possession. A Special Writ of Execution is used for the taking of certain, specific property (such as a specific automobile, collectible item, etc.). A General Writ of Execution is used for the taking of property which may be used to satisfy the judgment.

The Writ of Execution may only be served (executed) by the Constable (for Justice Court cases) or the Sheriff (for Superior Court cases). There are certain drawbacks to utilizing the Writ of Execution, including trespass laws. If, at the time of execution, the Constable or Deputy Sheriff is told by the Judgment Debtor or other person that they are trespassing, the levying officer generally departs without taking the property.

Turnover Order. This is an infrequent tool used in Arizona judgment enforcement (it is commonly used in other states, such as California). At the time of the Judgment Debtor Examination, property of the Judgment Debtor within the presence of the Court (Judge) may be ordered to be turned over to the Judgment Creditor. This is separate and apart from a Writ of Garnishment or Writ of Execution. ARS §12-1634(B) reads, "The court may order any property of the judgment debtor not exempt from execution, in the hands of any person or due the judgment debtor, to be applied toward satisfaction of the judgment."

Third Party Examination. If a third party is known or suspected of harboring property of the Judgment Debtor, the Judgment Creditor may request that a subpoena be issued to compel the third party to attend and bear witness as to the whereabouts of such property, or to turn over such property.  ARS §12-1634 reads, "(A)Witnesses may be required to appear and testify before the court or referee upon any proceeding under this article as upon trial of an action. (B)The court may order any property of the judgment debtor not exempt from execution, in the hands of any person or due the judgment debtor, to be applied toward satisfaction of the judgment."

Serving the legal process.  Under Arizona statute and rules of court, only a Process Server, or the Constable or Sheriff may serve the types of legal process (documents) discussed here.

We hope the forgoing helps you in plotting a direction you wish to proceed. If you would like your legal documents prepared, give RapidRPS a call at (877) 472-7431.  RapidRPS is an Arizona Certified Legal Document Preparer.  See our website at www.RapidRPS.com for more.

Disclaimer: This article was written for educational purposes only. Nothing in this communication should be considered legal advice. The reader should do his/her own research to verify the accuracy and applicability of the information presented.  At RapidRPS, we not only serve legal process, but also prepare legal documents for enforcement of your judgment and other purposes. Neither RapidRPS nor any of our employees, assigns or agents are attorneys. We do not render legal advice. If you require legal advice, please consult your own counsel.

Serving Multiple Parties in Arizona

Serving Multiple Parties in Arizona

RapidRPS.com endeavors to service the needs of our clients utilizing the very best means possible, so that our services do not later become issues of "excusable neglect" or be considered "misrepresentation or other misconduct of an adverse party"^[1].  As Process Servers, RapidRPS.com is an extension of our clients' interests in securing proper service of process.

Occasionally, a difference of opinion will arise in serving multiple parties.  Our policy is that when there are two or more parties named on the summons and complaint, an attempt is made to secure service on each party named as per the assignment^[2].  Each party is issued their own set of legal process, and in the service thereof, each is afforded their individual due process^[3].  A Proof of Service, or Declaration of Due Diligence is rendered for each individual party to be served. 

The dispute usually arises when the "old way" of doing things crops up with a new client.  In many instances, counsel will name multiple parties (usually individuals involved in a collection or personal injury matter) on a single summons.  Certain process servers (not RapidRPS) have served only one copy of the summons and complaint to all persons at a residential address and rendered a Proof of Service stating that all persons were served, personally or by substitute service. 

Our policies and procedures, based on law and experience is that service of one party with one (single) copy of the summons and complaint for that party and any other(s),  does not necessarily mean that the co-defendant(s) has(have) been served.  In consideration of the language set forth in ARCP Rule 4(a) and 4.1(d), serving a single copy of the summons and complaint for multiple persons would not satisfy the "…due process standards of being the best means of notice practicable under the circumstances and reasonably calculated to apprise interested parties of the institution and/or pendency of the proceedings".  Each party to serve is afforded a separate copy of the summons and complaint.

When a substitute service is made by RapidRPS, regardless of whether or not it is statutorily required, RapidRPS will mail a copy of the legal process served at that time by first class mail to the defendant.  This step, while not required under the ARCP is designed to best service our clients' needs in providing an additional method of delivery of the documents served, to help circumvent any motion to vacate the judgment due to an alleged lack of personal or constructive notice.  It also provides an additional measure to secure against a claim of error or omission.

As to the fees charged by RapidRPS.com, each party to serve is charged for.  This is a common practice in the attorney service profession, however, each agency dictates their charges according to their own policies and procedures.  Some will not overtly charge for a second party to serve, however will include "garbage fees" (time, mileage, return trips, notary preparation, postal verification, etc.) as an additional profit center.  At RapidRPS, we occasionally have the opportunity to review invoices from other agencies, and find that many will include a second defendant charge, plus time, mileage, return trips, notary preparation, skiptracing, postal verification, and the like.  In one instance, a well known, large attorney service firm charged a client over $800 for what in the end was a non-service.  The client then hired RapidRPS.com and the defendant was successfully served for a flat fee of $89 in a matter of three days.

While  RapidRPS.com does not necessarily compete on price, we compete on prompt, professional service versus the servers who conduct themselves questionably, in our opinion.  It is not just lip service to claim to have the knowledge, professionalism and diligence to stake our reputation that every paper we serve is done right, every time.  We actively seek to live up to that commitment. 

At RapidRPS.com, we give all of our clients' matters the expediency and attention deserved, taking them very seriously and responding accordingly.  After all, our professional services support your needs, and are a direct reflection on you with your client.

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[1] ARCP Rule 60(c).

[2] Per the terms and conditions on our website: http://www.rapidrps.com/Service_Terms.html, see Paragraph 7.

[3] Per ARCP Rule 4(a), "…A summons, or a copy of the summons if addressed to multiple persons, shall be issued for each person to be served" and ARCP Rule 4.1(d), "… shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof…".

Proofs of Service -- RapidRPS.com vs. The Other Guys

by RapidRPS.com staff

As part of an ongoing series, RapidRPS.com presents several subjects of interest to our clients and other professionals.  Remember, we don't render legal advice; if you need legal advice, please consult your own counsel.

If I give you the papers in a sealed envelope, can you serve them?  The quick answer is "No"; however, let us explain why:  When a sealed envelope is given to someone, what are they seeing?  They are seeing an enclosure covering what's inside.  They don't see any documents inside the envelope.  However, when your legal documents served are in plain sight, nobody can deny that they are "Legal Process" -- that term coined some time ago to describe legal papers being served.

Process Servers serve "Legal Process"; the postal carrier and Fedex deliver sealed envelopes.  The Legal Process documents we serve are plainly visible, giving notice to the person served that they are served with important court documents, rather than just sheets of paper in an envelope.

I've seen other process servers list all the defendants on the same proof of service.  Why do you submit one proof of service for each party served?  First, because it's the professional thing to do -- we don't like sloppy.  At RapidRPS.com, we like to give a professional finished product.  Our Proof of Service is the written record of our efforts.  Although we may serve multiple defendants at the same time, each service is individual, has an individual fee associated with it, and is due its own documentation.  Further, each matter against a defendant or other adverse party served may be bifurcated (separated) and examined in its own right; the Proof of Service should stand as to the party served, not the group of parties served.

Why do you list all of the documents on the Proof of Service?  Keeping an accurate record of what documents we serve makes RapidRPS.com different from the other guys.  Often, we'll receive legal process with instructions to serve the "Garnishment Package" or "Summons & Complaint, etc." without detailing the title of each document to serve.  While we understand that documents prepared in bulk by clerical staff are sometimes bundled together, the documents we need to let the court know we served are detailed not only for the benefit of our clients, but for our protection, as well.  After acceptance of your papers, we will confirm with you the documents to serve.

Do you have to notarize each proof of service?  ARCP Rule 80(i) indicates that a document signed under penalty of perjury does not have to necessarily be sworn (a notarized affidavit).  A process server, who is an Officer of the Court, signs his/her documents under penalty of perjury.  Here's the Rule:

Rule 80(i). Unsworn Declarations Under Penalty of Perjury

Wherever, under any of these rules, or under any rule, regulation, order, or requirement made pursuant to these rules, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn written declaration, verification, certificate, statement, oath, or affidavit of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn written declaration, certificate, verification, or statement, subscribed by such person as true under penalty of perjury, and dated, in substantially the following form:

"I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).

(Signature)."

Foreign Deposition Subpoenas (Updated 2015)

Foreign Deposition Subpoenas (Updated 2015)

Where the underlying action or proceeding is located outside of Arizona and the testimony of a witness or document production is needed, RapidRPS.com can assist with securing a subpoena and copying documents.  RapidRPS.com is a Legal Document Preparer, authorized by the Arizona Supreme Court.  The Clerk of the Superior Court of Arizona issues Foreign Deposition and Document Production subpoenas.  To have a Foreign Deposition Subpoena issued, the following are required:

1.       The subpoena issued in your state.  It should also have any other pleadings required by the laws of your state (i.e.: Notice of Deposition, Commission by your court, etc.).  If you are requesting records, or copies of documents and things, we will also need a list of them that are to be copied and remitted to you. 

2.       Fees.  The fee for the Arizona Superior Court to issue a subpoena is currently $27.  For depositions, Arizona statute (ARS § 12-303) currently states that a witness shall be paid $12 per day for each day’s attendance, and $.20 per mile, one way only. 

3.       The names, addresses, and telephone numbers of all counsel of record in the proceeding, as well as any party not represented by counsel.  Each must be served with a copy of the subpoena issued by the court.

4.       The method for recording the testimony of a deposition must be stated (i.e.: stenographer, video, etc.).

5.       If the subpoena for production of documents and things includes electronically stored information, the subpoena should specify the form it is to be produced.  RapidRPS.com offers document scanning and reproduction services to our clients.

Service of a subpoena:  A subpoena may be served anywhere within Arizona.  A copy of the subpoena shall be served on every other party [ARCP Rule 5(c)].

Time frame:  A subpoena for personal appearance may be served at a reasonable time before the scheduled deposition.  A person served with a subpoena may file an objection to appearance or production of documents and things.   

Commanding appearance:  A subpoena commanding a person who is neither a party nor a party's officer to attend and give testimony at a hearing or deposition may not require the subpoenaed person to travel to a place other than:  (i) the county in which the person resides or transacts business in person; (ii) the county in which the person is served with a subpoena, or within forty miles from the place of service; or (iii) such other convenient place fixed by a court order.

RapidRPS.com can file, obtain and serve your subpoena for you.  

Call us at (877) 472-7431 for details.