12-1613. Docketing and recording affidavit of renewal; effect

297 words·~1 min read·/az/title-12/12-1613

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

A. The clerk shall docket the affidavit of renewal in the proper docket and shall enter in the proper docket forthwith, after the statement of the original judgment, the date and fact of the renewal, and the amount for which the judgment is renewed.

B. The entry and docketing of the affidavit by the clerk shall renew the judgment for a period of ten years from the time of docketing. An order of the court, or other action by a judge, is not necessary to complete the renewal.

C. No lien on or against the real property of the judgment debtor shall be continued by an affidavit of renewal until a copy of the affidavit, certified by the clerk of the court, is recorded in the office of the county recorder.

D. From and after recordation of the copy of the affidavit of renewal, certified by the clerk of the court, the judgment shall be a lien to the extent of the balance shown in the affidavit of renewal against all real property of the judgment debtor, except such as is exempt from execution, including interest in the homestead, for a period of ten years from the date of docketing the affidavit of renewal with the clerk.

E. A copy of the renewal affidavit and of the docket entries thereon, certified by the clerk of the court wherein they are filed, may be docketed in any other county of the state in which a transcript of the original judgment was filed, and a copy of the renewal affidavit may be recorded with the county recorder of any county wherein the original judgment has been previously filed or docketed or wherein the judgment creditor desires the judgment to become a lien on real property of the judgment debtor.