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UNIVERSAL MARKETING & ENT. v. BANK ONE

No. 1 CA-CV 01-0004.

53 P.3d 191 (2002)

203 Ariz. 266

UNIVERSAL MARKETING AND ENTERTAINMENT, INC., a Nevada corporation, Plaintiff-Appellant, v. BANK ONE OF ARIZONA, N.A., formerly known as Valley National Bank, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

August 29, 2002.

Attorney(s) appearing for the Case

Cochran & Dahl, P.C. By Jerry L. Cochran, Phoenix, Attorneys for Plaintiff-Appellant.

Mariscal, Weeks, McIntyre & Friedlander, P.A. By Timothy J. Thomason, Michael J. Plati, Phoenix, Attorneys for Defendant-Appellee.

OPINION

FIDEL, Judge.

¶ 1 When a judgment creditor, after initiating a garnishment against the unrestricted bank account of its judgment debtor, is informed that the judgment debtor does not own the bulk of the funds within the account and merely holds them to accomplish a transaction on behalf of another, does the creditor subject itself to liability for conversion if it completes the garnishment and refuses to return the funds to their asserted owner...

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