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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2151 |
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AN ACT
Amending title 12, chapter 9, article 3, Arizona Revised Statutes, by adding section 12‑1567; amending title 22, chapter 2, article 3, Arizona Revised Statutes, by adding section 22‑247; amending title 22, chapter 5, article 2, Arizona Revised Statutes, by adding section 22‑525; relating to justice courts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 12-1567, to read:
12-1567. 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.
Sec. 2. Title 22, chapter 2, article 3, Arizona Revised Statutes, is amended by adding section 22-247, to read:
22-247. Satisfaction of judgment; filing procedures; hearing; bond
A. The prevailing party shall file a satisfaction of judgment in the justice 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 justice of the peace may hold a hearing on the motion to compel satisfaction of the judgment.
D. A justice of the peace may compel the moving party to post a Bond with the justice court in the amount of the judgment.
Sec. 3. Title 22, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 22-525, to read:
22-525. Satisfaction of judgment; filing procedures; transfer to justice court; hearing; bond
A. The prevailing party shall file a satisfaction of judgment in the small claims division of the justice court within thirty 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. If the motion is granted, the judgment is deemed satisfied.
C. On the filing of a motion to compel satisfaction of the judgment, the case shall be transferred from the small claims division to the justice court. A justice of the peace may hold a hearing on the motion to compel satisfaction of the judgment.
D. A justice of the peace may compel the moving party to post a Bond with the justice court in the amount of the judgment.