Arizona Bank Account Garnishment

How a Bank Levy Works in Arizona

A bank account garnishment — formally a non-earnings garnishment under A.R.S. §§ 12-1570 et seq. — lets you freeze and seize funds in the debtor's bank account. Unlike wage garnishment, it's a single snapshot: the bank freezes whatever's in the account at the exact moment the writ is served. Anything deposited after that moment is untouched.

That means timing matters. If you serve the writ the day before payday, you might catch very little. If you know the debtor just received a large payment, that's the window.

The $5,000 Exemption You Can't Ignore

Before you spend money on filing fees and constable service, know this: under Proposition 209, the first $5,000 in any single bank account is fully exempt from garnishment (A.R.S. § 33-1126(A)(9)). If the debtor's account balance is $5,000 or less, the bank's answer will state that all funds are exempt, and you'll have nothing to show for your filing fee.

Federal benefits add another layer of protection. Under 31 C.F.R. Part 212, any Social Security, SSI, VA, Civil Service Retirement, or Railroad Retirement payments directly deposited in the past two months are completely shielded. The bank must perform a mandatory two-month lookback when it receives a writ.

Bottom line: bank garnishment makes financial sense only when you have reason to believe the balance significantly exceeds $5,000.

Filing the Writ

The non-earnings garnishment uses the AOCCVGN form series (separate from the AOCCVGE wage garnishment forms). The process:

1. File Form 1 (Application for Writ of Garnishment — Non-Earnings) with the Justice Court clerk
2. Court issues Form 2 (Writ of Garnishment and Summons — Non-Earnings), signed by the judge or clerk
3. Serve the bank through a constable or licensed process server — they deliver two copies of the signed Writ, Instructions to Garnishee (Form 3), four copies of the Garnishee's Answer (Form 4), and blank notice and hearing request forms for the debtor

You need to know the debtor's bank name and ideally the branch location. A debtor examination is the standard way to discover this under oath.

What Happens After Service

The bank immediately freezes non-exempt funds up to the judgment total. Then:

• Within 10 business days: The bank files Form 4 (Garnishee's Answer) with the court, stating the balance, exempt amounts, and what was frozen
• Within 3 business days of the answer: You serve or mail copies of the answer and exemption notice to the debtor
• 10 business days after the debtor receives notice: The debtor's window to file a Request for Hearing and contest the freeze

If the debtor doesn't file a hearing request within those 10 business days, you petition the court for a Judgment Against Garnishee. Once signed, the court orders the bank to release the frozen funds directly to you.

A Possible Branch-Search Fee

If the account is held at a different branch from the one served, A.R.S. § 12-1577(A) requires a $25 cash tender for search costs for the writ to reach that account. This is a branch-search fee, not a general $50 administrative fee. Factor it into your filing costs.

Joint Accounts and Third-Party Claims

If the account is held jointly with someone who isn't the debtor, the non-debtor co-holder can request a hearing to prove their proportional share of the funds (A.R.S. § 12-1595). The court will protect the non-debtor's portion and only allow seizure of the debtor's share.

This is a common complication when the debtor is married or shares a business account with a partner.

When to Use a Bank Levy vs. Other Tools

Bank garnishment is the fastest enforcement tool when it works — one writ, one freeze, one disbursement. But it's a one-shot mechanism. If the debtor moves their money before service or the account is below $5,000, you've paid filing fees for nothing.

Wage garnishment is slower but steadier — it attaches to every future paycheck until the judgment is paid. A real property lien is a long-term play that pays out when the property eventually sells. Many creditors use bank garnishment and wage garnishment together, hitting cash on hand while also tapping the income stream.

Get the complete Arizona judgment collection guide with a Proposition 209 feasibility calculator to estimate your net recovery before filing.

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