How Long Are Judgments Enforceable
For How Long Are Arizona Judgments Enforceable?
Please note that, while this article accurately describes applicable law on the subject covered at the time of its writing, the law continues to develop with the passage of time. Accordingly, before relying upon this article, care should be taken to verify that the law described herein has not changed.
I. Expiration of Arizona Judgments
In Arizona, a judgment is initially effective for ten years after the date of its entry, and execution must be accomplished within that period. A.R.S. § 12-1551(B). The ten-year period is in the nature of a statute of limitations, however, and does not begin to run until the judgment can be enforced or sued upon, i.e., following a stay pending an appeal. Groves v. Sorce,
161 Ariz. 619, 780 P.2d 452 (Ct. App. 1989); Northstar Dev. Corp. v. Wolfswinkel,
146 Ariz. 406, 706 P.2d 732 (Ct. App. 1985).
II. Renewal of Arizona Judgments
A. Renewal of Judgments on Real Property
A judgment creditor who desires that a judgment become a lien on real property of the judgment debtor can accomplish that by recording a certified copy of the judgment in the office of the county recorder in each county in which the judgment debtor has, or might have, real property. A.R.S. § 33-961(A). The certified copy of the judgment shall set forth the following: (1) the title of the court and the action and number of the action; (2) the date of entry of the judgment and the docket record for the judgment; (3) the names of the judgment debtor and judgment creditor; (4) the amount of the judgment; and (5) the judgment creditor’s attorney of record. Id
at § 33-961(A)(1)–(5). Pursuant to A.R.S. §§ 33-963 and 33-964(A), a judgment that is recorded in the manner prescribed by A.R.S. § 33-961 becomes a lien on the real property of the judgment debtor for a period of ten years from the date the judgment was given. As discussed hereinbelow, a judgment may be renewed either by filing a suit on it or by filing an affidavit renewal with the clerk of the appropriate court. A.R.S. §§ 12-1611, 1612(A). Such a renewal, however, does not automatically extend the judgment lien created by the recording of the original judgment. Hall v. World Sav. & Loan Ass’n,
189 Ariz. 495, 943 P.2d 855 (Ct. App. 1997). To extend the judgment lien, the judgment creditor must record in the proper county recorder’s office an affidavit of renewal of the judgment. A.R.S. § 12-1613(C).
B. Renewal of Monetary Judgments.
Monetary judgments expire if not renewed every ten years. A.R.S. § 12-1551(B). Under A.R.S. § 12-1611, a judgment may be renewed by instituting an action on it. Additionally, a judgment may be renewed for an additional ten years by filing an affidavit for renewal that complies with the requirements of A.R.S. § 12-1612. An affidavit of renewal of a judgment may be made and filed within ninety days preceding the expiration of ten years from the date of entry of the judgment or the date of the filing of a prior renewal affidavit. A.R.S. § 12-1612(B), (E). An affidavit for the renewal, which may be made by the judgment creditor or a personal representative or assignee of the judgment creditor, must set forth the following:
(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 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 the affiant, and other facts or circumstances necessary to a complete disclosure as to the exact condition of the judgment.
A.R.S. § 12-1612(B)(1)–(5). In addition, the affidavit must be verified and set forth each county in which the judgment has been docketed and recorded. Id
at § 12-1612(C).
C. Additional Procedural Requirements for Renewal of Judgments.
Pursuant to A.R.S. § 33-967, any judgment or decree or any renewal that requires the payment of money and that is recorded on or after January 1, 1997, is not a lien on real property until a separate information statement is attached to the judgment being recorded that contains the following if known:
(1) The correct name and last known address of each judgment debtor and the address at which each judgment debtor received the summons by personal service or by mail.
(2) The name and address of the judgment creditor.
(3) The amount of the judgment or decree as entered or as most recently renewed.
(4) If the judgment debtor is a natural person, the judgment debtor’s social security number if it has been voluntarily provided to the judgment creditor by the judgment debtor, date of birth and driver license number.
(5) Whether a stay of enforcement has been ordered by the court and the date the stay expires.
A.R.S. § 33-967(A)-(B). If the foregoing information is not known, the judgment creditor must state that. Id.
at § 33-967(B).
III. When Federal District Court Judgments Expire and the Renewal Process
Case law indicates that United States District Courts apply the applicable state law when determining how long judgments are effective and the ways in which parties can revive dormant judgments or renew judgments prior to the statutory limitations. U.S. v. Tacoma Gravel & Supply Co., 376 F.2d 343 (9th Cir. 1967).