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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SENATE BILL 1345 |
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AN ACT
amending sections 33-964 and 33-967, 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 33-964, Arizona Revised Statutes, is amended to read:
33-964. Lien of judgment; duration; exemption of homestead; acknowledgment of satisfaction by judgment creditor
A. Except as provided in sections 33‑729 and 33‑730, from and after the time of recording as provided in section 33‑961, a judgment shall become a lien for a period of five years from the date it is given, on all real property of the judgment debtor except real property exempt from execution, including homestead property, in the county in which the judgment is recorded, whether the property is then owned by the judgment debtor or is later acquired. a civil judgment lien obtained by this state and a judgment lien for support, as defined in section 25‑500, remains remain in effect until satisfied or lifted.
B. Except as provided in section 33-1103, a recorded judgment shall not become a lien on any homestead property. Any person entitled to a homestead on real property as provided by law holds the homestead property free and clear of the judgment lien.
C. A judgment of the justice court, municipal court, superior court or United States court that has become a lien under this article, immediately on the payment or satisfaction of the judgment, shall be discharged of record by the judgment creditor or the judgment creditor's attorney by recording a satisfaction of judgment with the county recorder of the county in which the judgment is recorded. The judgment creditor or the judgment creditor’s attorney shall enter a notation of satisfaction on the docket of the clerk of the superior court of each county in which the judgment has been entered or docketed, and in a like manner enter a notation of satisfaction on the docket of the clerk of the United States district court.
D. In a title IV‑D case, if the title IV-D agency or its agent is listed as the holder of the lien and the judgment has been satisfied but the obligee is unwilling to sign the release of the lien or, after reasonable efforts, cannot be located to sign the release of the lien, the title IV‑D agency or its agent may sign the satisfaction of judgment and release of lien without the signature of the obligee. The title IV‑D agency or its agent shall send a copy by first class mail to the last known address of the obligee.
Sec. 2. Section 33-967, Arizona Revised Statutes, is amended to read:
33-967. Money judgment; information statement; amendment to recorded judgment
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 be attached to a separate information statement of the judgment creditor that contains 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 may be amended by recording a document entitled "amendment to recorded judgment" 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. A judgment or decree or any renewal that requires the payment of money and that is recorded on or after January 1, 1997, has as its priority the date of compliance with subsection A of this section.
E. Recording an amendment to recorded judgment does not affect the computation of time prescribed by section 33‑964.
F. a civil judgment obtained by this state is exempt from subsection A, paragraph 4 of this section. This subsection applies retroactively to a judgment or decree or any renewal recorded before, on or after January 1, 1997.