Bill Text: AZ HB2311 | 2015 | Fifty-second Legislature 1st Regular | Chaptered
Bill Title: Judgment liens; recordation; real property
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-03-30 - Chapter 110 [HB2311 Detail]
Download: Arizona-2015-HB2311-Chaptered.html
|
Senate Engrossed House Bill |
|
State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
|
|
CHAPTER 110
|
|
HOUSE BILL 2311 |
|
|
AN ACT
amending sections 33-961 and 33-962, Arizona Revised Statutes; relating to judgment liens.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-961, Arizona Revised Statutes, is amended to read:
33-961. Filing judgments for payment of money; certified copy of judgment; recording copy to perfect lien against real property; information statement
A. A certified copy of the judgment of a any court in this state, certified by the clerk, shall may be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a lien upon on the real property of the judgment debtor. before the judgment shall become on recording, the judgment becomes a lien upon or in any manner affect or encumber on the real property of the judgment debtor, or including any part of the real property of the judgment debtor as otherwise provided by law. The certified copy of the judgment shall set forth the:
1. Title of the court and the action and number of the action.
2. Date of entry of the judgment and the docket record thereof for the judgment.
3. Names of the judgment debtor and judgment creditor.
4. Amount of the judgment.
5. Attorney of record for the judgment creditor.
B. The clerk shall furnish a certified copy of any judgment filed in his office upon OF THAT COURT ON request and payment of the fee prescribed by law.
C. A judgment or decree or any renewal that requires payment of money shall also be accompanied by an information statement as prescribed by section 33‑967.
Sec. 2. Section 33-962, Arizona Revised Statutes, is amended to read:
33-962. Procedure for filing judgment of justice or municipal court; recording; lien
A. A judgment of a justice or municipal court may be prepared for recording using either of the following procedures:
1. The clerk of the superior court, upon ON presentation of a certified transcript of a judgment for more than fifteen dollars, exclusive of costs, given by a justice or municipal court, shall forthwith file the judgment. The judgment, From the time of filing the transcript thereof of the judgment, that judgment shall be deemed the judgment of the superior court, shall be in the control thereof, of the superior court and shall be carried into execution in the same manner and with like effect as a judgment of the superior court.
2. The clerk of a justice court or municipal court shall issue a certified copy of any judgment of that court on request and payment of the fee prescribed by law. On issuance of the certified copy of the justice court or municipal court judgment, the certified copy of the judgment may be recorded and may be executed in the same manner and with like effect as a judgment of the superior court.
B. Such Any judgment shall must be recorded in the manner provided in section 33‑961 before it becomes a lien upon on or in any manner affects or encumbers the real property of the judgment debtor or any part thereof of the real property of the judgment debtor.
Sec. 3. Applicability
Sections 33-961 and 33-962, Arizona Revised Statutes, as amended by this act, apply to judgments that are recorded from and after December 31, 2015.
APPROVED BY THE GOVERNOR MARCH 30, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31, 2015.
