State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1309: renewal of judgments; applicability

PRIME SPONSOR: Senator Farnsworth E, LD 12

BILL STATUS: Transmitted to Governor

                               

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvides that the 10-year limitations period to request or issue a writ of execution or renewal for a judgment applies only to judgments entered after August 2, 2013, or entered before August 3, 2013, and renewed before August 3, 2018.

History

At the conclusion of litigation, a court may order a party to the case to give another party money or property. This order is called a judgment. The existence of such a judgment creates a judgment creditor and a judgment debtor. A judgment creditor is a person owed an outstanding judgment (A.R.S. § 12-1570(4)). A judgment debtor is a person who owes an outstanding judgment (A.R.S. § 12-1570(5)).

To collect property or money owed under a judgment, the judgment creditor can ask the court to issue a writ of execution (A.R.S. § 12-1551(A)). A writ of execution tells the county sheriff to take the judgment debtor's property and either sell it or give it to the judgment creditor (A.R.S. § 12-1552). The judgment creditor can only ask for a writ of execution for up to 10 years after the judgment (A.R.S. § 1551(A)).

The judgment creditor can extend the 10-year limit by renewing the judgment. Renewal can be accomplished by filing an action or by filing an affidavit with the court describing the case, the date and amount of the judgment, and other information relevant to the amount still owed (A.R.S. §§ 12-1611, 12-1612). Renewal gives the judgment creditor 10 more years to ask for a writ of execution.

Prior to August 3, 2018, judgment creditors only had 5 years to request a writ of execution or renewal. Laws 2018, Chapter 36 expanded the limitations period to 10 years. Anybody whose time to file had expired before August 3, 2018—the effective date of the 2018 legislation—did not receive additional time when that legislation went into effect (see A.R.S. § 12-505(A)). Everyone whose time to file did not expire until August 3, 2018, or later received 5 additional years to file (A.R.S. § 12-505(B)).

When a statute is amended to reduce the amount of time a person has to file something with the court, and that change causes the person's filing to be time-barred on the date the new time limit goes into effect, statute gives that person 1 year to file (A.R.S. § 12-505(C)).

Provisions

1.       Provides that the 10-year limitations period to request or issue a writ of execution or renewal applies only to those judgments entered either:

a.       After August 2, 2013; or

b.       Before August 3, 2013, and renewed before August 3, 2018 (Secs. 1–3).

2.       Clarifies that the judge need not take any action for a renewal filed by affidavit with the clerk to be considered successfully completed (Secs. 3–4).

3.       Makes a conforming change (Sec. 1).

4.       Makes technical changes (Sec. 3).

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7.       ---------- DOCUMENT FOOTER ---------

8.       Fifty-fourth Legislature                       SB 1309

9.       First Regular Session                            Version 4: Transmitted

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11.   ---------- DOCUMENT FOOTER ---------