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These are from the Arizona Revised Statutes
other states have similar laws.
12-1251. Right of recovery; procedure
A. A person having a valid subsisting interest in real property and a right to immediate possession thereof may recover
the property by action against any person acting as owner, landlord or tenant of the property claimed.
B. The action shall be commenced and prosecuted as other civil actions.
C. The heirs or devisees may themselves, or jointly with the personal representative, maintain an action for possession
of the real property, or to quiet title thereto against any person except the personal representative.
D. An action involving title or right to possession of real property belonging to the estate of decedent may be brought
by or against the personal representative without joining the heirs.
12-1570. Definitions
In this article, unless the context otherwise requires:
1. "Deliver" means any of the following:
(a) To hand deliver.
(b) To mail by regular first class mail to the address which the sender determines through reasonable good faith efforts
to be best calculated to reach the recipient in a timely manner.
(c) To serve on a party pursuant to the rules of civil procedure applicable to a summons.
2. "Exempt monies or property" means monies or property that, pursuant to a state or federal law, is not subject
to judicial process, including execution, attachment, garnishment, replevin, sale or any final process issued from any court
or any other judicial remedy provided for the collection of debts.
3. "Good faith" means honesty in fact in the conduct or transaction concerned.
4. "Judgment creditor" means a person or entity that has a money judgment or an order for support of a person
that is due and unpaid or an order pursuant to chapter 14 of this title allowing him to garnish monies, personal property
or shares of stock before final judgment on the underlying action.
5. "Judgment debtor" means a person or entity against which a money judgment has been awarded or against which
an order for support of a person is due and unpaid or against which an order pursuant to chapter 14 of this title has been
entered.
6. "Monies" includes cash, credit and accounts, but does not include earnings as defined in section 12-1598,
paragraph 4.
7. "Nonexempt monies or property" means monies or property which are not restricted by law from judicial process.
8. "Personal property" means all property and interests to which a security interest may be perfected pursuant
to title 47, chapter 9, except accounts.
9. "Receipt" means actually received.
12-1598.01. Scope of article
A. The provisions of this article are applicable to indebtedness owed to a judgment debtor by a garnishee for monies which
are earnings as defined in section 12-1598, paragraph 4. Earnings become monies, as defined in section 12-1570, paragraph
6, upon their disbursement by the employer to or for the account of the employee, except disbursements into a pension or retirement
fund.
B. The provisions of this article are not applicable to garnishments of:
1. Indebtedness owed to a judgment debtor by a garnishee for amounts which are not earnings as defined in section 12-1598,
paragraph 4.
2. Monies held by a garnishee on behalf of a judgment debtor.
3. Personal property of a judgment debtor that is in the possession of a garnishee.
4. Shares or securities of a corporation or a proprietary interest in a corporation belonging to a judgment debtor, if
the garnishee is a corporation.
12-1598.02. Grounds for issuance of writ of garnishment of earnings
The clerk of the court, justice of the peace or city or town magistrate shall issue writs of garnishments of earnings,
returnable to that court, only in cases in which a party to that action is a judgment creditor. The city or town magistrate
shall issue writs of garnishment only for nonpayment of fines, fees, sanctions and restitution imposed in that court.
12-1598.03. Application for writ of garnishment for earnings
A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person in his behalf makes
an application in writing. The application shall state the following:
1. That he is a party in an action to whom a money judgment has been awarded.
2. That he has made demand on the judgment debtor for payment of the amount adjudged due, but the judgment debtor has
not paid that amount and he has not agreed and continued to pay the nonexempt portion of his wages until the judgment is satisfied.
3. The amount of the outstanding balance due on the judgment is that amount stated on the application.
4. That the garnishee is believed to be an employer of the judgment debtor or otherwise owes or will owe to the judgment
debtor disposable earnings.
5. The name and address of the garnishee or his authorized agent.
6. That he has not received notice of the judgment debtor's intent to enter into an agreement for debt scheduling with
a qualified debt counseling organization or, if such notice has been received, that he timely objected, in writing, to the
judgment debtor's participation in such an agreement or that he has been notified that the agreement is no longer effective.
12-1598.04. Issuance of writ of garnishment for earnings; service and return of writ; lien on nonexempt earnings
A. If a party in an action has been awarded a money judgment and has submitted the application provided for in section
12-1598.03, the clerk, justice of the peace or city or town magistrate shall immediately issue a writ and summons of garnishment
directed to the sheriff, the constable or any officer authorized by law to serve process in the county where the garnishee
is alleged to be which commands him to immediately summon the garnishee to appear before the court out of which the writ issued
within the time specified in the writ to answer the writ.
B. The writ shall state:
1. The amount of the outstanding balance due on the judgment, including accrued interest and allowable costs, as of the
date of the issuance of the writ, and the rate at which interest accrues on that judgment.
2. The name and address of the garnishee or his authorized agent.
3. The name and address of the judgment creditor and his attorney, if applicable.
4. The last mailing address of the judgment debtor known to the judgment creditor.
C. The judgment creditor, in the manner required for a summons by rules of the court in civil matters, shall serve on
the garnishee two copies of the writ of garnishment and summons, a copy of the underlying judgment, four copies of the answer
form, two copies of the notice to judgment debtor and request for hearing form, two copies of the instructions to garnishee
and four copies of the nonexempt earnings statement provided for in section 12-1598.16.
D. The judgment creditor shall deliver to the judgment debtor a copy of the writ and the initial notice to judgment debtor
and request for hearing form within three days, not including weekends and holidays, after service of the summons and writ
of garnishment on the garnishee. The judgment creditor shall certify in writing to the court the date and manner of delivery.
E. The caption of pleadings in connection with a writ of garnishment shall identify which party is the judgment creditor,
using that term, and which party is the judgment debtor, using that term, in addition to other party designations already
in the caption.
12-1598.05. Initial lien
A. The writ is a lien on the nonexempt earnings of the judgment debtor from the date of service of the writ until any
one of the following occurs:
1. An order of continuing lien is entered.
2. If no order is entered for a period of forty-five days after the date of the filing of the answer.
3. The writ is quashed, released or becomes ineffective as a result of the circumstances set forth in section 12-1598.10,
subsection D.
B. The garnishee shall not remit any withheld earnings to the judgment creditor until an order of the court has been entered
pursuant to section 12-1598.10.
C. The garnishee is not liable to the judgment creditor for failing to withhold earnings from a judgment debtor if those
earnings were paid to the judgment debtor on a payday falling within three days, not including weekends and holidays, after
the date of the service of the writ.
12-1598.06. Time for answer
The writ, whether issued in the superior court, the justice court or the police court, shall require the garnishee to
answer within ten days from service of the writ.
12-1611. Renewal by action
A judgment may be renewed by action thereon at any time within five years after the date of the judgment.
12-1612. Renewal by affidavit
A. A judgment for the payment of money which 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 upon 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.
B. The judgment creditor, his personal representative or assignee may within ninety days preceding the expiration of five
years from the date of entry of such judgment, 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, the number and page of the docket in which entered by the clerk of the court, 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 his source
and succession of title, if not the judgment creditor.
2. That no execution is anywhere outstanding and unreturned upon the judgment, or if any execution is outstanding, that
fact shall be stated.
3. The date and amount of all payments upon the judgment and that all payments have been duly credited upon the judgment.
4. That there are no set-offs or counterclaims in favor of the judgment debtor, and if a counterclaim or set-off does
exist in favor of the judgment debtor, the amount thereof, if certain, or, if the counterclaim or set-off 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 upon the judgment.
5. The exact amount due upon the judgment after allowing all set-offs 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 upon a certified copy from any other court and subsequently
an abstract recorded with the county recorder, the affidavit shall, in addition to the foregoing, 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 upon 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.
E. Additional and successive renewal affidavits as provided for in subsection B may be made and filed within ninety days
of expiration of five years from the date of the filing of a prior renewal affidavit.
F. Recorded judgments which 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 five year period.
12-1613. Docketing and recording affidavit of renewal; effect
A. The affidavit of renewal shall be docketed by the clerk in the proper docket or book, and he shall enter in the proper
docket or book 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 five years from the
time of docketing.
C. No lien upon 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 five 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 upon real property of
the judgment debtor.
12-1621. Notice of sale; perishable, personal and real property; posting, publication and place of sale
A. Notice of sale under execution shall be made as follows:
1. For the sale of perishable personal property, written notice of the time and place of sale shall be posted in three
public places, two of which shall be in the precinct and one at or near the door of the courthouse of the county in which
the sale is to take place, for such period of time before the sale as is reasonable, considering the character and condition
of the property.
2. For the sale of personal property other than that which is perishable, a posting similar to that provided in paragraph
1 of this subsection shall be made for not less than ten days successively before the day of sale.
3. For the sale of real property, notice shall be given by posting notices for not less than fifteen days successively
before the day of sale in three public places in the county, one of which shall be at or near the courthouse door, and publishing
a copy thereof in a newspaper for three weeks before the day of sale.
B. The notices shall note the judgment, parties, amount and court in which the judgment was rendered, and particularly
describe the property to be sold, and, for real property to be sold, shall include the legal description of the property and
the street address if any, or identifiable location of the property. Failure to accurately describe within any such notice
either the street address or the identifiable location of the real property to be sold shall not be grounds for invalidating
any such sale if the correct legal description of the real property to be sold was noted. A notice for sale of real property
required by subsection A, paragraph 3 shall include a notice in substantially the following form:
Notice to Judgment Debtor
Title 33, chapter 8, article 1 of the Arizona Revised Statutes, may permit you to protect your residence from certain
types of legal process through the homestead exemption.
If you are in doubt as to your rights, you should obtain legal advice.
C. Real property shall be sold at or near the courthouse door of the county where the property is situated. Personal property
shall be sold on the premises where it is taken in execution, at the courthouse door of the county or at some other place
more convenient for exhibiting the property to purchasers if necessitated by the nature of the property.
12-1622. Procedure in selling property under execution
A. All sales under execution shall be made at public auction to the highest bidder, between the hours of ten a.m. and
four p.m.
B. After sufficient property has been sold to satisfy the judgment and costs, no more shall be sold.
C. No person making the sale shall become a purchaser or be interested in such sales.
D. When the sale is of personal property capable of immediate delivery, the property shall be within view and shall be
sold in parcels so as to bring the highest price and the judgment debtor or creditor may direct the selling officer in such
cases.
E. Partnership interests and interests in personal property without right to exclusive possession may be sold without
the presence or the delivery of the property.
F. When the sale is of property too bulky to be taken into immediate possession, or of livestock running at large on a
range, it is not necessary that such property or any part thereof be present at the place of sale, and the purchaser at the
sale may take the property or gather and pen the stock and select therefrom the number purchased by him.
G. When the sale is of real property, consisting of lands that may be sold in parcels, it may be sold separately at direction
of the judgment debtor, who shall have the option of designating the order in which parcels shall be sold.
H. When property is held in common, the interest of the judgment debtor shall be sold as a whole.
I. Shares of stock in a corporation may be sold as other personal property capable of manual delivery is sold subject
to the provisions of section 47-8113.
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