Cochise County Justice Courts Civil and Small Claims Divisions Information Sheet

Enforcing a Judgment

A copy of the written decision (judgment) will be mailed to each party. After you have received your copy of the judgment, make a written demand of the other party to pay the judgment amount. If they do not pay, at your request the court may provide you with forms you may file to try to collect.

If the other party does not make full payment, you may file a request to have writ issued. If these writs are not effective in collecting the judgment, obtaining the services of an attorney may be helpful. Please note that it is not the role or responsibility of the court to enforce or collect the judgment. Court staff cannot offer you legal advice but can suggest several alternative methods of procedure you may wish to follow.

  1. If you know or discover that the Judgment Debtor is employed on a salary basis, you may attempt to garnish wages by filing an Application for Writ of Garnishment (Earnings) with the court.  Forms are available through the Justice Court or Arizona TurboCourt e-Filing self service court forms link (there is a filing fee). You must engage the Constable or a process server at your own expense to serve the individual’s employer (the garnishee). These fees may be added on to the total amount owed to you. Exception: If you have the wrong party served, you may not be allowed to add these fees on as court costs to be collected.
     
  2. If you know or discover that the Judgment Debtor is not employed on a salary basis but has non-exempt property or monies (bank accounts), you may attempt to garnish those assets by filing an Application for Writ of Garnishment (Non-Earnings) with the court.  Forms are available through the Justice Court or using the Arizona TurboCourt e-Filing self-service forms (there is a filing fee). You must engage the Constable or process server at your own expense to serve the (garnishee). The garnishee may request processing fee(s), which you must pay. These fees may be added to the total amount owed to you. Exception: If you have the wrong party served, you may not be allowed to add these fees as court costs to be collected. 
     
  3. If you know or discover that the Judgment Debtor has non-exempt personal property or other assets at Judgment Debtor’s residence or place of business, you may file a Request for a Writ of Execution with this court. Or, forms are available at the court and there is a filing fee. After the Writ of Execution is issued, you must engage the services of the Constable or the Sheriff at your own expense. The Constable or Sheriff will attempt to levyon and sell such non-exempt personal property of the Judgment Debtor’s as is necessary to satisfy the judgment plus costs of serving the Writ of Execution. These fees may be added as court costs to be collected.
     
  4. Forcible Detainer Eviction Judgment – If the defendant fails to vacate the premises by the date ordered in the judgment, you may file a Request for Writ of Restitution. Forms are available at the court and there is a filing fee. The Writ of Restitution will instruct the Constable or Sheriff to remove the defendant from the premises and to return possession to you. You must engage the services of the Constable or the Sheriff at your own expense.

NOTE: No one at the court can advise you or give you recommendations concerning the above methods of collection. The judges and court staff are specifically prohibited from giving you legal advice. The court is not responsible for any errors you may make in filling out forms on your own.

The award of a judgment in court or by default does not guarantee that you will receive the money or property which was the subject of the lawsuit. Your judgment will remain in effect until a Satisfaction of Judgment is filed or for five years from the date of judgment.

Revised 05/2010 

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