Judgment Debtor Examinations/Supplemental Proceedings (ARS §§ l2-l631, 12-1632):
• Must be held in the county the debtor resides (ARS §§ 12-1631(B)).
• Judgment must be entered.
• Judgment must not have expired.
• Motion/Affidavit and Order Requiring Judgment Debtor to Appear for Supplemental Proceeding with a space for date and time to be set, or have a subpoena issued compelling the judgment debtor to appear for deposition upon oral examination and answer concerning his/her property at a time and place specified in the subpoena.
• The document must include the warning that the party must appear or a civil arrest warrant will issue.
• Service must occur at least 20 days before hearing.
• These hearings are set by the hearing officer’s division for an 8:30-9:00 a.m. time slot Monday, Tuesday, Wednesday or Friday, 30-45 calendar days from the date received unless more time is requested.
• If the hearing is anticipated to last more than 30 minutes, then arrangements should be made for the assigned judicial officer to hear the matter.
• Occasionally Supplemental Proceedings are set for the Defendant to appear at the attorney's office. The date and time is at the attorney's convenience. The hearing officer only signs the original order and it is the responsibility of the creditor or its attorney to obtain a hearing date from the county in which the judgment debtor resides.
• If service is not made, the creditor or its attorney may submit an amended supplemental proceeding to reset the hearing.
• If service is made, the hearing may be continued upon motion or stipulation.
• No telephonic appearances allowed.
§ 12-1631. Order for appearance of debtor; limitation
A. When a judgment has been entered and docketed, the judgment creditor, at any time may:
1. Have an order from the court requiring the judgment debtor to appear and answer concerning his/her property before the court or a referee, at a time and place specified in the order.
2. Have a subpoena issued compelling the judgment debtor to appear for deposition upon oral examination and answer concerning his property at a time and place specified in the subpoena.
§12-1632 Disclosure of property; execution (supplemental proceedings)
A. After issuing an execution and upon proof by affidavit or otherwise, it appears to the court that a judgment debtor has property which he/she unjustly refuses to apply toward satisfaction of the judgment, the court may order the judgment debtor to appear at a specified tie and place before the court or a referee, to answer concerning the failure to apply such property to satisfy the judgment.
