ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2579: limited jurisdiction courts; judgment assignment

Sponsor:  Representative Griffin, LD 14

Committee on Judiciary

Overview

Allows a person licensed to collect debts to be assigned a monetary judgment by a prevailing party in a civil case or small claims case before a justice court.

History

A justice of the peace is an elected judge who serves a geographic precinct within a county (A.R.S. §§ 22-101; 22-111). In addition to certain criminal actions, justices of the peace have original jurisdiction over specified civil actions, including cases where the amount involved in the lawsuit is $10,000 or less (A.R.S. § 22-201).

Each justice court has a small claims division with jurisdiction over cases where the amount contested is $3,500 or less (A.R.S. § 22-503).

The Department of Insurance and Financial Institutions licenses collection agencies, which include all persons engaged in soliciting claims for collection or in collection of claims owed or due (A.R.S. § 32-1001).

Provisions

1.   Permits a prevailing party to a case before a justice court or the small claims division of a justice court to assign a monetary judgment to a person licensed to collect debts in the state. (Sec. 1, 2)

2.   Allows the person assigned a judgment to appear in court as the prevailing party for the sole purpose of enforcing the judgment. (Sec. 1, 2)

3.   States that a person assigned a judgment does not represent the original prevailing party. (Sec. 1, 2)

4.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical changes. (Sec. 2)

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8.                     HB 2579

9.   Initials LC/AF        Page 0 Judiciary

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