ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: RA DP 5-2-0-0

HB 2730: writ of execution; judgments; renewal

Sponsor: Representative Hendrix, LD 14

Caucus & COW

Overview

Extends the eligibility period for issuance of a writ of execution after a judgment is entered or renewed.

History

A judgment in favor of a party may have a writ of execution or other process issued for its enforcement at any time within 10 years after the judgment is entered or within 10 years after a renewal of the judgment. After 10 years lapses, an execution or other process cannot be issued on a judgment unless the judgment is renewed by affidavit of process or an action is brought as outlined. Statute prohibits the court from issuing a writ of execution after the death of the judgment debtor unless for the recovery of real or personal property or enforcing a lien. The statutes list specific effective dates for judgments that were entered into.

Provisions

1. Specifies effective dates for judgments that were entered on or after July 1, 2012. (Sec. 1)

2. Stipulates effective dates for judgments that were entered on or before June 30, 2012 and renewed on or before June 30, 2017. (Sec. 1)

3. States that a writ of execution or other process may not be issued for a judgment entered on or before June 30, 2012, that was not renewed on or before June 30, 2017. (Sec. 1)

4. Specifies that a judgment may be renewed by action at any time within 10 years after the judgment date, but an action may not be entered on or before June 30, 2012, that was not renewed on or before June 30, 2017. (Sec. 2)

5. Stipulates that an affidavit for renewal may not be filed to renew a judgment entered on or before June 30, 2012 unless the judgment was renewed on or before June 30, 2017. (Sec. 3)

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9. HB 2730

10. Initials DC Page 0 Caucus & COW

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