12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; applicability

310 words·~1 min read·/az/title-12/12-1551

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The party in whose favor a judgment is given, at any time within ten years after entry of the judgment and within ten years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement.

B. An execution or other process shall not be issued on a judgment after the expiration of ten years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within ten years after the date of the entry of the judgment or of its renewal.

C. The court shall not issue a writ of execution after the death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien.

D. This section applies to:

1. All judgments that were entered on or after August 3, 2013.

2. All judgments that were entered on or before August 2, 2013 and that were renewed on or before August 2, 2018, except that a writ of execution or other process may not be issued for a judgment entered on or before August 2, 2013 that was not renewed on or before August 2, 2018.

E. This section does not apply to:

1. Criminal restitution orders entered pursuant to section 13-805.

2. Written judgments and orders for child support and spousal maintenance and to associated costs and attorney fees.

3. Civil judgments obtained by this state that are either of the following:

(a)Entered on or after September 13, 2013.

(b)Entered before September 13, 2013 and that were current and collectable under the laws applicable on September 13, 2013.

4. Judgments directing the sale of property pursuant to title 42, chapter 18, article 6.