03/28/2016 — TJ2013002833 ASSOCIATION INC, TALAS HOMEOWNERS 03/28/2016 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/29/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2013-002833
03/28/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
L. Brown
Deputy
TALAS HOMEOWNERS ASSOCIATION INC
MARK W WALDRON
v.
JEFF BOULAIS, et al.
JEFF BOULAIS
NO ADDRESS ON RECORD
J P MORGAN CHASE BANK N A
PO BOX 183164
COLUMBUS OH 43218
MINUTE ENTRY
The Answer of Garnishee reflects that third parties, Jeff Boulais and Jennifer Boulais,
may have an interest in the bank account that is subject to the writ of garnishment.
Pursuant to A.R.S. § 12 -1595,
IT IS ORDERED as follows:
1. Candis Boulais is joined as a third party to this garnishment proceeding.
Unless the third parties request a hearing within 20 days AFTER SERVICE OF THIS
ORDER UPON THEM, the court shall assume that said third party has no legal interest in the
garnished funds or property in question. If there is no request for hearing, the court may, on
application of the Judgment Creditor ACCOMPANIED BY PROOF OF SERVICE OF THIS
ORDER ON THE THIRD PARTY, order that the Judgment Creditor have judgment against
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2013-002833
03/28/2016
Docket Code 023
Form V000A
Page 2
Garnishee for the amount of non-exempt funds or property it is holding.1
2. A hearing may be requested by completing a request for hearing form, filing it with the
Clerk of Court, and providing one copy to this court at the following location: Comm. James. R.
Morrow, Old Courthouse 002, 125 West Washington, Phoenix, Arizona 85003.
1 See, Mervyn’s, Inc. v. Superior Court In and For Maricopa County, 144 Ariz. 297, 697 P.2d
690 (1985), for a discussion regarding the degree of notice of a garnishment proceeding that due
process requires when joining a third party to a jointly held account.
05/24/2016 — TJ2013002833 ASSOCIATION INC, TALAS HOMEOWNERS 05/24/2016 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/25/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2013-002833
05/24/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
L. Brown
Deputy
TALAS HOMEOWNERS ASSOCIATION INC
MARK W WALDRON
v.
JEFF BOULAIS, et al.
JEFF BOULAIS
NO ADDRESS ON RECORD
J P MORGAN CHASE BANK N A
PO BOX 183164
COLUMBUS OH 43218
MINUTE ENTRY
Judgment Creditor filed an Application for Judgment Against Garnishee on May 12,
2016, concerning Garnishee JP Morgan Chase Bank, N.A. Garnishee filed its Answer on
February 8, 2016.
A.R.S. § 12-1587 provides that the garnished funds “shall be released to the judgment
debtor” and the Garnishee “shall be discharged” if a judgment is not entered within 90 days after
the Garnishee’s Answer is filed. As the Garnishee’s Answer was filed on February 8, 2016, the
90 day period ran out before a judgment was entered.
IT IS ORDERED denying the Application.
IT IS FURTHER ORDERED discharging Garnishee in accordance with A.R.S. § 12-
1587.
