REFERENCE TITLE: satisfaction of judgment; justice courts

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

HB 2151

 

Introduced by

Representative Allen J

 

 

AN ACT

 

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 22, chapter 2, article 3, Arizona Revised Statutes, is amended by adding section 22-247, to read:

START_STATUTE22-247.  Satisfaction of judgment; filing procedures; hearing; bond

A.  The prevailing party shall file a satisfaction of judgment in 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.  A justice of the peace may hold a hearing on the motion to compel satisfaction of the judgment and may compel the moving party to post a Bond with the justice court in the amount of the judgment.

Sec. 2.  Title 22, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 22-525, to read:

START_STATUTE22-525.  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 and may compel the moving party to post a Bond with the justice court in the amount of the judgment.END_STATUTE