Judgment Debtor Exam Arizona

Why the Debtor Exam Comes First

You won your small claims case in Arizona, but the debtor isn't paying. Before you can garnish wages or freeze a bank account, you need to know where the money is. That's what a Judgment Debtor Examination — formally called Supplemental Proceedings under A.R.S. §§ 12-1631 and 22-524 — is for.

The debtor sits in front of a Justice of the Peace, under oath, and answers your questions about their income, bank accounts, real estate, vehicles, and anything else of value. It's the single most useful step in the collection process, and most creditors skip it.

Filing the Petition

You file a Petition and Affidavit in Support of Request for Supplemental Proceedings at the Justice Court precinct where your judgment was entered. The court reviews it and issues an Order for Appearance, which functions as a subpoena duces tecum — it compels the debtor to show up and bring documents.

The filing fee varies by precinct. In Pima County, the debtor exam petition (JP404) costs $33. Other precincts charge similar amounts.

Service Requirements Are Strict

The Order for Appearance must be personally served on the debtor by a licensed constable or process server at least 48 hours before the hearing date. This is not optional and there are no shortcuts:

• Mail service doesn't count
• Leaving papers with a roommate doesn't count
• Posting on the door doesn't count

The serving officer files an Affidavit of Service recording the date, time, location, and the debtor's physical description and date of birth. You'll need those identifiers later if the debtor fails to appear.

One geographic restriction: under A.R.S. § 12-1631(B), the debtor can't be forced to attend an examination outside the county where they live.

What Documents to Request

The court order typically requires the debtor to bring:

• Pay stubs from the two most recent pay periods
• Federal and state tax returns from the prior year
• Bank statements, passbooks, and check registers for all accounts
• Stock certificates, bonds, or investment account statements
• Life insurance policies
• Promissory notes, contracts, or accounts receivable owed to the debtor
• Vehicle titles, deeds, and real property documents

If the debtor shows up without these, you have grounds to request a continuance or ask the court for sanctions.

Questions That Matter

The examination is your chance to map out everything the debtor owns. Useful lines of questioning:

1. Where do you work and what is your gross pay per period?
2. Do you have any other sources of income — side work, rental income, self-employment?
3. What bank accounts do you hold? At which institutions? What are the current balances?
4. Do you own real property in Arizona or any other state?
5. What vehicles do you own or lease? Are there loans on them?
6. Does anyone owe you money — outstanding invoices, loans, security deposits?
7. Do you hold any retirement accounts, pensions, or annuities?
8. Have you transferred any property or assets since the judgment was entered?

The answers tell you which enforcement tool to use. If they have a steady paycheck, wage garnishment. If they have a bank balance over $5,000, a bank levy. If they own real estate, a judgment lien.

When the Debtor Doesn't Show

If the debtor was properly served and doesn't appear, you can ask the court for a Civil Arrest Warrant under ARSCP Rule 64.1(b). The sheriff's office needs the debtor's date of birth and physical description from the process server's affidavit to execute the warrant.

The warrant isn't punishment — it's a mechanism to get the debtor in front of the judge. Once they appear, the examination proceeds.

If the debtor shows up but refuses to answer questions or produce documents, you can file a Motion for Sanctions for Non-Compliance under A.R.S. § 22-524.

After the Examination

With the debtor's financial picture in hand, you choose the most practical enforcement path. Many creditors file their first garnishment or lien within days of a productive debtor exam.

You can request additional examinations if circumstances change — the debtor gets a new job, comes into money, or you suspect they concealed assets the first time.

Get the complete Arizona judgment collection guide with debtor exam question templates, form references, and a decision framework for choosing your enforcement tool.

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