Arizona Extends Judgment Validity and Renewal Deadline from Five to Ten Years.

Clark Hill PLC
Contact

Current Arizona law (A.R.S. §§ 12-1551, 12-1611 and 12-1612) allows a judgment to be enforced by writ of execution or renewed within five years of its date of entry. On March 20, 2018, Arizona Governor Doug Ducey signed into law House Bill 2240 (the "Bill"), which will replace the former five-year limitations in Arizona's judgment validity and judgment renewal statutes with ten-year limitations. The Bill takes effect on August 3, 2018.

Judgments Entered On or After August 3, 2018 

  •  A judgment or judgment lien will be valid for ten years from its date of entry. A.R.S. § 12-1551.
  • The deadline for renewing a judgment by filing a lawsuit or an affidavit will be ten years from the judgment's date of entry. A.R.S. §§ 12-1611, 12-1612.

Judgments Entered Before August 3, 2018  

There is some uncertainty regarding the Bill's effect on judgments entered or renewed before August 3, 2018. We anticipate that another statute (A.R.S. § 12-505), Arizona precedent, and the texts of the statutes themselves will determine how the amended statutes will affect these judgments. Therefore, absent contrary legislative or judicial guidance, we anticipate that the amended statutes will result in the following consequences: 

  • A judgment that has not expired as of the Bill's effective date will be valid for ten years from its date of entry.  
  • A renewed judgment that has not expired as of the Bill's effective date will be valid for ten years from its date of entry and will have a ten-year deadline from its date of entry for successive renewals. 
  • Judgments that have expired prior to the Bill's effective date will remain invalid—they will not be revived.

Nonetheless, due to the uncertainty surrounding how the Bill will affect these earlier judgments, judgment creditors should consider renewing judgments under both a five and ten-year renewal schedule. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Clark Hill PLC | Attorney Advertising

Written by:

Clark Hill PLC
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Clark Hill PLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide