Do you know that a creditor can legally collect a debt by requiring your employer to withhold a portion of your earnings and send it directly to them? Fortunately, if you are working in Arizona, you can challenge a wage garnishment if you believe there is something wrong with the process. There are legal steps that you can take to reduce, stop, and completely object if a wage garnishment hits your paycheck.
Understand the Reason for the Wage Garnishment
Before you can object, you must know the legal basis for the garnishment. A wage garnishment in Arizona can occur for:
- Judgment debts (credit cards, medical bills, personal loans)
- Child support
- Taxes owed to the IRS or the Arizona Department of Revenue
- Student loans
Federal law sets a general ceiling (25% or the amount above 30x the federal minimum wage). However, Arizona has stricter limit controls for wage garnishments. Arizona law limits most wage garnishments to 10% of your disposable earnings. This is what’s left after legally required deductions or the amount above 60x the minimum wage for that pay period, or whichever is less. If your check shows an amount greater than the one listed, then you have the right to object.
The law also safeguards against serious financial difficulties. If you can prove that taking 10% would cause extreme economic hardship to you or your family, the judge can cut the withholding down to as low as 5%. You’ll need evidence (budget, bills, paystubs) to make that case.
Child-support orders, on the other hand, follow different rules. Support orders under federal law can run higher, which is why support is treated differently.
Review the Garnishment Documents
You should receive:
- A Writ of Garnishment (or for child support, an income withholding order).
- A Notice to Judgment Debtor.
- A Request for Hearing form (in Arizona, this is often called a “Request for Hearing on Garnishment” or similar).
Check deadlines: in Arizona, you typically have 10 days from the date you receive the notice to file an objection (A.R.S. § 12-1598.10).
Identify Valid Legal Grounds for Objection
You can’t object just because the garnishment is inconvenient; you need a recognized legal basis. In Arizona, you can file an objection to wage garnishment if any of the following grounds apply to your situation:
Ground | Legal Reference | Example |
You already paid the debt | A.R.S. § 12-1598.10(A)(1) | You have proof (receipt, bank records) showing the judgment balance is satisfied. |
Wrong amount is being garnished | A.R.S. § 12-1598.10(A)(2) | Employer deducts more than 25% of disposable earnings (or more than the federal/state limit). |
Debt is not yours | A.R.S. § 12-1598.10(A)(3) | Identity theft or mistaken judgment. |
You qualify for exemption | A.R.S. § 33-1126 | Wages below the minimum exemption threshold; public benefits income. |
Procedural defect | A.R.S. § 12-1598.05 | The creditor failed to serve you or your employer properly, or the judgment is void. |
File a Written Objection
Step 1: Act Quickly
Your clock starts when you receive the garnishment paperwork (typically the garnishee’s answer or the non-exempt earnings statement). You must file a written “Request for Hearing” no later than 10 days after you receive those documents—unless you can show good cause for being late. File early if you can to avoid additional financial strain. Delaying could mean another paycheck withheld, impacting your household budget significantly. Acting swiftly will help you maintain cash flow and financial stability.
- You have 10 business days from the date you were served with the Writ of Garnishment to file a written objection (A.R.S. § 12-1598.07).
- Filing late may waive your right to challenge.
Step 2: Get the Correct Form
Arizona courts publish the exact forms. Look for Form 8 – Request for Hearing on Garnishment on the Arizona Judicial Branch Self-Service Center, or use the Maricopa Justice Courts’ fillable version if your case is there. Both warn you about the 10-business-day filing window—so aim for that faster timeline. Remember to include:
- Case number, parties’ names
- Specific objections (check all that apply)
- Facts and evidence supporting your claim
Tip: print two copies: one to file, one for yourself. Also, keep your mailing receipts for proof of service.
Step 3: File with the Court
- File your objection with the same court that issued the garnishment order.
- Pay the filing fee (or request a fee waiver/deferral if eligible under A.R.S. § 12-302).
- The clerk will schedule a hearing.
Step 4: Serve All Parties
When you file your request for a hearing, you also have to deliver a copy to all parties. Serve copies of your objection and the hearing notice on:
- The creditor (judgment creditor or their attorney)
- The garnishee (usually your employer)
The court will then set your hearing quickly. Arizona law pushes for a hearing within days, so you’re not left hanging.
Attend the Hearing
Bring all supporting evidence:
- Pay stubs (to show excessive withholding)
- Receipts of prior payments
- Exemption proof (e.g., public benefits statement, award letters)
- Bank statements
- Proof of debt satisfaction or incorrect calculation
At the hearing, the judge decides things like whether the writ is valid, what the true judgment balance is, whether you’re employed by the garnishee, and whether hardship applies. Come with organized evidence: your last 2–3 months of pay stubs, a one-page budget, bills (rent, utilities, car insurance), and any proof of exemptions or prior payments. The judge may reduce, modify, or quash the garnishment if your objection is valid.
If you win:
- The garnishment may be reduced, corrected, or stopped.
- The court will issue an order to your employer to adjust or end withholding.
If you lose:
- You may still negotiate with the creditor for a payment plan or settlement to avoid ongoing garnishment.
Limits on Wage Garnishment in Arizona
Standard limit: Up to 25% of your disposable earnings OR the amount over 30 times the federal minimum wage per week — whichever is less (A.R.S. § 12-1598.16; 15 U.S.C. § 1673).
Child support: Up to 50–65%, depending on circumstances (15 U.S.C. § 1673(b)). Support orders have their caps (generally up to half the disposable earnings can be reached for support), and tax debts have separate carve-outs. If your garnishment is for child support or a government debt, still review the numbers, but know the percentages are different by statute.
Student loans/taxes: Federal rules apply.
Criminal restitution: Garnishments route through the criminal code but then follow the same earnings-lien mechanics as civil wage garnishments.
If you object on time, the court must hold a hearing quickly. If no one gets an order of continuing lien entered within the statutory window after the employer’s answer, the employer has to release any held wages and is discharged from the garnishment. That’s another reason not to delay: timelines can work in your favor.