Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

CHAPTER 20

 

SENATE BILL 1309

 

 

AN ACT

 

amending sections 12‑1551, 12‑1611, 12‑1612 and 12‑1613, 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:

START_STATUTE12-1551.  Issuance of writ of execution; limitation; renewal; death of judgment debtor; applicability

A.  The party in whose favor a judgment is given, at any time within ten years after entry of the judgment and within 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 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 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 applies to:

1.  All judgments entered on or after August 3, 2013.

2.  All judgments entered on or before August 2, 2013 and that were renewed on or before August 2, 2018, except that a writ of execution or other process may not be issued for a judgment entered on or before August 2, 2013 that was not renewed on or before August 2, 2018.

D.  E.  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. END_STATUTE

Sec. 2.  Section 12-1611, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1611.  Renewal by action

A judgment may be renewed by action thereon at any time within ten years after the date of the judgment, except that an action may not be brought to renew a judgment entered on or before August 2, 2013 that was not renewed on or before August 2, 2018. END_STATUTE

Sec. 3.  Section 12-1612, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1612.  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 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, except that an affidavit for renewal may not be filed to renew a judgment entered on or before August 2, 2013 unless that judgment was renewed on or before August 2, 2018.

B.  The judgment creditor or the judgment creditor's personal representative or assignee, may within ninety days preceding the expiration of ten years from the date of entry of such judgment, may 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 the owner's source and succession of title, if not the judgment creditor.

2.  That no execution is anywhere outstanding and unreturned on the judgment, or if any execution is outstanding, that fact shall be stated.

3.  The date and amount of all payments on the judgment and that all payments have been duly credited on the judgment.

4.  That there are no setoffs or counterclaims in favor of the judgment debtor, and if a counterclaim or setoff does exist in favor of the judgment debtor, the amount thereof, if certain, or, if the counterclaim or 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 on the judgment.

5.  The exact amount due on the judgment after allowing all 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 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 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.  An order of the court, or other action by a judge, is not necessary to complete the renewal.

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 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 ten year period. END_STATUTE

Sec. 4.  Section 12-1613, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1613.  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 ten years from the time of docketing.  An order of the court, or other action by a judge, is not necessary to complete the renewal.

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 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. END_STATUTE


 

 

 

 

APPROVED BY THE GOVERNOR MARCH 22, 2019.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 22, 2019.