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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
renewal of judgements; applicability
Purpose
Limits the timeframe for enforcing or renewing a judgement.
Background
Statute states that a judgment for the payment of money that has been entered and docketed in the civil docket or civil order book of the U.S. district court or superior court, whether originally rendered by the court 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. The judgment creditor or the judgment creditor's personal representative or assignee may, within 90 days preceding the expiration of 10 years from the date of entry of such judgment, make and file a renewal affidavit (A.R.S. § 12-1612).
The
party in whose favor a judgment is given, at any time within 10 years after
entry of the judgment and within 10 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 enforcement (A.R.S.
§ 12-1551).
Prior to August 3, 2018, a writ of execution or other process for enforcement of a judgement could only be filed within 5 years of the entry or renewal of that judgement. Laws 2018, Chapter 36, increased, from 5 years to 10 years, the time period to enforce or renew a judgement after entry (Laws 2018, Chapter 36).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the party in whose favor a judgement was given, at any time within 10 years after entry or renewal of the judgement, to have a writ of execution or other process issued for enforcement if the judgement was entered:
a) on or after August 3, 2013; or
b) on or before August 2, 2013, if the judgement was renewed on or before August 2, 2018.
2. Prohibits bringing an action or affidavit to renew a judgement entered on or before August 2, 2013, if that judgement was not renewed on or before August 2, 2018.
3. Establishes that an order of the court, or other action by a judge, is not necessary to complete a renewal once an affidavit requesting the renewal is filed with the clerk of the court where a judgement is entered and docketed.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2019
JA/RC/kja