Fifty-fourth Legislature                                                        

First Regular Session                                                           

 

COMMITTEE ON JUDICIARY

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2151

(Reference to printed bill)

 


Page 1, between lines 1 and 2, insert:

"Section 1.  Title 12, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 12-1567, to read:

START_STATUTE12-1567.  Satisfaction of judgment; superior court; filing procedures; hearing; bond

A.  The prevailing party shall file a satisfaction of judgment in the superior court within forty days after a judgment has been paid in full.

B.  If the prevailing party fails to file a satisfaction of judgment or cannot be located after the opposing party has exercised due diligence in attempting to locate the prevailing party, the opposing party may file a motion to compel satisfaction of the judgment.  the opposing party shall include an affidavit with the motion to compel satisfaction of the judgment that evidences proof of payment and, if necessary, the due diligence that was performed in attempting to locate the prevailing party.  If the motion is granted, the judgment is deemed satisfied.

C.  A judge may hold a hearing on the motion to compel satisfaction of the judgment.

D.  A judge may compel the moving party to post a Bond with the court in the amount of the judgment."

Renumber to conform

Line 7, strike "thirty" insert "forty"

Line 12, after the period insert "the opposing party shall include an affidavit with the motion to compel satisfaction of the judgment that evidences proof of payment and, if necessary, the due diligence that was performed in attempting to locate the prevailing party."

Page 1, lines 15 and 32, strike "and" insert ".

D.  A justice of the peace"

Amend title to conform


And, as so amended, it do pass

 

JOHN M. ALLEN

CHAIRMAN

 

 

2151JUDICIARY

01/30/2019

12:50 PM

H: ra