ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: WM DP 9-0-0-1

HB 2495: state judgments; liens; homestead; enforcement

Sponsor:  Representative Toma, LD 22

House Engrossed

Overview

Allows civil judgement liens that were properly entered on or after September 13, 2013 to not apply to the 10-year limitation. Also, does the same for liens that were entered before September 13, 2013 and that were collectible under the laws applicable on that date. Allows for a civil judgement in favor of Arizona to become a lien on the real property of the debtor, including the debtor's homestead property.

History

Current statute defines when a writ of execution or other process should or should not be issued for the purpose of enforcing a judgment. States that civil judgments obtained by this state are not applicable to this section (A.R.S. § 12-1551).

Current statute defines what type of real property is exempt from having a lien applied to a judgment debtor, to include homestead property (A.R.S. § 33-964).

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows civil judgement liens that were properly entered on or after September 13, 2013 to not apply to the 10-year limitation. (Sec. 1)

2.    Allows civil judgement liens that were entered before September 13, 2013 and that were collectible under the laws applicable on that date from the 10-year limitation. (Sec. 1)

3.    Allows for a civil judgement in favor of Arizona to become a lien on the real property of the debtor, including the debtor's homestead property. (Sec. 2, 3)

4.    Contains technical changes. (Sec. 1, 2 and 3)

 

 

 

 

---------- DOCUMENT FOOTER ---------

Initials: VP/BG                  House Engrossed

 

---------- DOCUMENT FOOTER ---------