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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HOUSE BILL 2240 |
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AN ACT
amending sections 12‑1551, 12‑1611, 12‑1612, 12‑1613 and 33‑964, Arizona Revised Statutes; relating to judgments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-1551, Arizona Revised Statutes, is amended to read:
12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions
A. The party in whose favor a judgment is given, at any time within five ten years after entry of the judgment and within five ten years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement.
B. An execution or other process shall not be issued on a judgment after the expiration of five ten years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12‑1612 or an action is brought on it within five ten years from the date of the entry of the judgment or of its renewal.
C. The court shall not issue a writ of execution after the death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien.
D. This section does not apply to:
1. Criminal restitution orders entered pursuant to section 13‑805.
2. Written judgments and orders for child support and spousal maintenance and to associated costs and attorney fees.
3. Judgments for supervision fees or expenses associated with the care of a juvenile pursuant to section 8‑241 or 8‑243 and to associated costs and attorney fees.
4. Civil judgments obtained by this state.
Sec. 2. Section 12-1611, Arizona Revised Statutes, is amended to read:
12-1611. Renewal by action
A judgment may be renewed by action thereon at any time within five ten years after the date of the judgment.
Sec. 3. Section 12-1612, Arizona Revised Statutes, is amended to read:
12-1612. Renewal by affidavit
A. A judgment for the payment of money that has been entered and docketed in the civil docket or civil order book of the United States district court or superior court, whether originally rendered by it or entered upon on a transcript of judgment from another court, or recorded with the county recorder, may be renewed by filing an affidavit for renewal with the clerk of the proper court.
B. The judgment creditor or his the judgment creditor's personal representative or assignee may within ninety days preceding the expiration of five ten years from the date of entry of such judgment, make and file an affidavit, known as a renewal affidavit, entitled as in the action setting forth:
1. The names of the parties, the name of the court in which docketed, if recorded the name of the county in which recorded, the date and amount of the judgment, if recorded, the number and page of the book in which recorded by the county recorder, the name of the owner of the judgment, and his source and succession of title, if not the judgment creditor.
2. That no execution is anywhere outstanding and unreturned upon on the judgment, or if any execution is outstanding, that fact shall be stated.
3. The date and amount of all payments upon on the judgment and that all payments have been duly credited upon on the judgment.
4. That there are no set‑offs setoffs or counterclaims in favor of the judgment debtor, and if a counterclaim or set‑off setoff does exist in favor of the judgment debtor, the amount thereof, if certain, or, if the counterclaim or set‑off setoff is unsettled or undetermined, a statement that when it is settled or determined by action or otherwise, it may be allowed as a payment or credit upon on the judgment.
5. The exact amount due upon on the judgment after allowing all set‑offs setoffs and counterclaims known to affiant, and other facts or circumstances necessary to a complete disclosure as to the exact condition of the judgment.
C. If the judgment was docketed by the clerk of the court upon on a certified copy from any other court and subsequently an abstract recorded with the county recorder, the affidavit, in addition to the foregoing, shall set forth a statement of each county in which such transcript has been docketed and abstract recorded. The affidavit shall be verified positively by the person making it, and not upon on information and belief.
D. The filing of the affidavit in the office of the clerk of the court where the judgment is entered and docketed shall renew and revive the judgment to the extent of the balance shown due in the affidavit.
E. Additional and successive renewal affidavits as provided for in subsection B of this section may be made and filed within ninety days of expiration of five ten years from the date of the filing of a prior renewal affidavit.
F. Recorded judgments that have been timely renewed by a renewal affidavit and successive affidavits, even if such successive affidavits were not authorized by prior law, may be renewed as provided in this section if the prior renewal affidavits were filed within ninety days from the expiration of each successive five ten year period.
Sec. 4. Section 12-1613, Arizona Revised Statutes, is amended to read:
12-1613. Docketing and recording affidavit of renewal; effect
A. The clerk shall docket the affidavit of renewal in the proper docket and shall enter in the proper docket forthwith, after the statement of the original judgment, the date and fact of the renewal, and the amount for which the judgment is renewed.
B. The entry and docketing of the affidavit by the clerk shall renew the judgment for a period of five ten years from the time of docketing.
C. No lien on or against the real property of the judgment debtor shall be continued by an affidavit of renewal until a copy of the affidavit, certified by the clerk of the court, is recorded in the office of the county recorder.
D. From and after recordation of the copy of the affidavit of renewal, certified by the clerk of the court, the judgment shall be a lien to the extent of the balance shown in the affidavit of renewal against all real property of the judgment debtor, except such as is exempt from execution, including interest in the homestead, for a period of five ten years from the date of docketing the affidavit of renewal with the clerk.
E. A copy of the renewal affidavit and of the docket entries thereon, certified by the clerk of the court wherein they are filed, may be docketed in any other county of the state in which a transcript of the original judgment was filed, and a copy of the renewal affidavit may be recorded with the county recorder of any county wherein the original judgment has been previously filed or docketed or wherein the judgment creditor desires the judgment to become a lien on real property of the judgment debtor.
Sec. 5. Section 33-964, Arizona Revised Statutes, is amended to read:
33-964. Lien of judgment; duration; exemption of homestead; acknowledgment of satisfaction by judgment creditor
A. Except as provided in sections 33‑729 and 33‑730, from and after the time of recording as provided in section 33‑961, a judgment shall become a lien for a period of five ten years from the date it is given, on all real property of the judgment debtor except real property exempt from execution, including homestead property, in the county in which the judgment is recorded, whether the property is then owned by the judgment debtor or is later acquired. A civil judgment lien obtained by this state and a judgment lien for support, as defined in section 25‑500, remain in effect until satisfied or lifted.
B. Except as provided in section 33‑1103, a recorded judgment shall not become a lien on any homestead property. Any person entitled to a homestead on real property as provided by law holds the homestead property free and clear of the judgment lien.
C. A judgment of the justice court, municipal court, superior court or United States court that has become a lien under this article, immediately on the payment or satisfaction of the judgment, shall be discharged of record by the judgment creditor or the judgment creditor's attorney by recording a satisfaction of judgment with the county recorder of the county in which the judgment is recorded. The judgment creditor or the judgment creditor’s attorney shall enter a notation of satisfaction on the docket of the clerk of the superior court of each county in which the judgment has been entered or docketed, and in a like manner enter a notation of satisfaction on the docket of the clerk of the United States district court.
D. In a title IV‑D case, if the title IV‑D agency or its agent is listed as the holder of the lien and the judgment has been satisfied but the obligee is unwilling to sign the release of the lien or, after reasonable efforts, cannot be located to sign the release of the lien, the title IV‑D agency or its agent may sign the satisfaction of judgment and release of lien without the signature of the obligee. The title IV‑D agency or its agent shall send a copy by first class mail to the last known address of the obligee.