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REFERENCE TITLE: civil judgments; state; renewal |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1314 |
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Introduced by Senator Yarbrough
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AN ACT
amending section 12-1551, Arizona Revised Statutes; relating to execution of 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:
12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions
A. The party in whose favor a judgment is given, at any time within five years after entry of the judgment and within five 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 upon on a judgment after the expiration of five 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 five 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 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.