ENFORCEMENT OF JUDGMENTS BY EXECUTION
Read the
WARNING! first.
In Arizona, one of the most
useful methods to enforce or collect a judgment is the "writ of
execution." No, this does not mean that the debtor will be killed.
It means that a court order will be issued commanding the Sheriff or
Constable to seize and sell non-exempt property
of the debtor in order to raise the money to satisfy (pay) the judgment.
Some Arizona Sheriffs and
Constables require pre-payment of anticipated expenses before they will
execute on a judgment. Some Sheriffs and Constables require a bond
first for certain types of executions. Some Sheriffs and Constables
do an excellent job of enforcing writs of execution.
It usually helps if you
provide the Sheriff or Constable with sufficient information about the
debtor and the debtor's assets so that the Sheriff or Constable can easily
find the person, find the assets and then enforce the writ.
The Arizona statute that
provides for writs of execution is Arizona Revised Statutes, Section
12-1551, which states:
| 12-1551. Issuance of writ
of execution; limitation; renewal; death of judgment debtor; exemption
for child support. A. The party
in whose favor a judgment is given, at any time within five years
after entry of the judgment and within five years after any renewal of
the judgment either by affidavit or by an action brought on it, may
have a writ of execution or other process issued for its enforcement.
B. An execution or other process shall
not be issued upon a judgment after the expiration of five years from
the date of its entry unless the judgment is renewed by affidavit or
process pursuant to section 12-1612 or an action is brought on it
within five years from the date of the entry of the judgment or of its
renewal.
C. The court shall not issue a writ of
execution after the death of the judgment debtor unless it is for the
recovery of real or personal property or enforcement of a lien.
D. These limitations do not apply to
criminal restitution orders entered pursuant to section 13-805 or to
judgments and orders for the support of a minor or for those children
whose support is extended beyond the age of emancipation pursuant to
section 25-501, subsection A or section 25-320, subsection B. It is
not necessary to renew criminal restitution orders entered pursuant to
section 13-805 or to renew judgments and orders during the minority of
the children or during the period of their disability. These actions
are limited only as prescribed by section 25-503, subsection I.
|
If you need assistance with
an Arizona writ of execution, contact us at
928/445-3230. |
