33-967. Money judgment; information statement; amendment to recorded judgment; exemption; retroactive applicability

417 words·~2 min read·/az/title-33/33-967

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

A. In addition to the requirements prescribed by section 33-961, any judgment or decree or any renewal that requires the payment of money and that is recorded on or after January 1, 1997, shall not become a lien on real property until a separate information statement is attached to the judgment being recorded. The separate information statement shall contain all of the following information:

1. The correct name and last known address of each judgment debtor and the address at which each judgment debtor received the summons by personal service or by mail.

2. The name and address of the judgment creditor.

3. The amount of the judgment or decree as entered or as most recently renewed.

4. If the judgment debtor is a natural person, the judgment debtor's social security number, date of birth and driver license number.

5. Whether a stay of enforcement has been ordered by the court and the date the stay expires.

B. Except as provided in this subsection, the separate statement shall contain the information prescribed by subsection A of this section if the information is known to the judgment creditor or available to the judgment creditor from its records, its attorney's records or the court records in the action in which the judgment was entered. If any of the required information is not known, the judgment creditor shall so state. The judgment debtor's social security number shall be included in the separate statement only if it has been provided voluntarily to the judgment creditor by the judgment debtor.

C. A judgment or decree or any renewal that requires the payment of money, that is recorded on or after January 1, 1997 and that is not accompanied by the separate statement as prescribed by subsection A of this section does not become a lien on real property until the judgment creditor records a document entitled "amendment to recorded judgment" that contains a separate statement that is in compliance with subsection A of this section. The amendment to recorded judgment shall state the date of recording and the indexing or document number of the official records of the county recorder for the original recorded judgment or decree and any renewals.

D. Recording an amendment to recorded judgment does not affect the computation of time prescribed by section 33-964.

E. A civil judgment in favor of this state is exempt from this section. This subsection applies retroactively to all judgments in favor of this state without regard to when the judgment was recorded.