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Arizona Revised Statutes Title 13. Criminal Code § 13-812. Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

Current as of January 01, 2025 | Updated by Findlaw Staff

A. After a hearing on an order to show cause pursuant to § 13-810, subsection A or B or after a hearing on a petition to revoke probation, the court may issue a writ of criminal garnishment for any fine, surcharge, fee, assessment, restitution or incarceration costs.

B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, surcharge, fee, assessment, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:

1. The defendant's earnings as defined in § 12-1598.

2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.

3. Monies that are held by a garnishee on behalf of a defendant.

4. The defendant's personal property that is in the possession of a garnishee.

5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.

6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.

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Cite this article: FindLaw.com - Arizona Revised Statutes Title 13. Criminal Code § 13-812. Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs - last updated January 01, 2025 | https://codes.findlaw.com/az/title-13-criminal-code/az-rev-st-sect-13-812/

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