12-1612. Renewal by affidavit

583 words·~3 min read·/az/title-12/12-1612

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

A. A judgment for the payment of money that has been entered and docketed in the civil docket or civil order book of the United States district court or superior court, whether originally rendered by it or entered on a transcript of judgment from another court, or recorded with the county recorder, may be renewed by filing an affidavit for renewal with the clerk of the proper court, except that an affidavit for renewal may not be filed to renew a judgment entered on or before August 2, 2013 unless that judgment was renewed on or before August 2, 2018.

B. The judgment creditor or the judgment creditor's personal representative or assignee, within ninety days preceding the expiration of ten years from the date of entry of such judgment, may make and file an affidavit, known as a renewal affidavit, entitled as in the action setting forth:

1. The names of the parties, the name of the court in which docketed, if recorded the name of the county in which recorded, the date and amount of the judgment, if recorded, the number and page of the book in which recorded by the county recorder, the name of the owner of the judgment, and the owner's source and succession of title, if not the judgment creditor.

2. That no execution is anywhere outstanding and unreturned on the judgment, or if any execution is outstanding, that fact shall be stated.

3. The date and amount of all payments on the judgment and that all payments have been duly credited on the judgment.

4. That there are no setoffs or counterclaims in favor of the judgment debtor, and if a counterclaim or setoff does exist in favor of the judgment debtor, the amount thereof, if certain, or, if the counterclaim or setoff is unsettled or undetermined, a statement that when it is settled or determined by action or otherwise, it may be allowed as a payment or credit on the judgment.

5. The exact amount due on the judgment after allowing all setoffs and counterclaims known to affiant, and other facts or circumstances necessary to a complete disclosure as to the exact condition of the judgment.

C. If the judgment was docketed by the clerk of the court on a certified copy from any other court and subsequently an abstract recorded with the county recorder, the affidavit, in addition to the foregoing, shall set forth a statement of each county in which such transcript has been docketed and abstract recorded. The affidavit shall be verified positively by the person making it, and not on information and belief.

D. The filing of the affidavit in the office of the clerk of the court where the judgment is entered and docketed shall renew and revive the judgment to the extent of the balance shown due in the affidavit. An order of the court, or other action by a judge, is not necessary to complete the renewal.

E. Additional and successive renewal affidavits as provided for in subsection B of this section may be made and filed within ninety days of expiration of ten years from the date of the filing of a prior renewal affidavit.

F. Recorded judgments that have been timely renewed by a renewal affidavit and successive affidavits, even if such successive affidavits were not authorized by prior law, may be renewed as provided in this section if the prior renewal affidavits were filed within ninety days from the expiration of each successive ten year period.