Guest Post: Larry Folks, Folks Hess Kass, PLC (See update below)
On March 20, 2018, Arizona Governor Doug Ducey signed into law House Bill 2240, which extends, from five years to 10 years, the validity of and renewal deadline for a money judgment. The effective date of the new law is August 3, 2018.
Our understanding is that the deadline for expiration and renewal of money judgments included in A.R.S. § 12-15511 is a statute of limitation, per Jensen v. Beirne. If that is correct, then A.R.S. §12-505(B) provides that, when a statute of limitation (such as this one) is amended and an action was not otherwise barred by pre-existing law, “the time fixed in an amendment of such law shall govern the limitation of the action.”
Based on the foregoing, we conclude that, after August 3, 2018, any money judgment that has not yet expired (pursuant to the current five-year limitations deadline imposed by A.R.S. § 12-1551) will be valid and can be renewed until 10 years after entry of said judgment on the Superior Court docket. In addition, the rule authorizing successive renewals of judgments has not changed.
UPDATE: On July 10, 2018 Arizona Supreme Court, Administrative Office of Courts, issued a Judgment renewal administrative memo 6-2018 to all lower courts that all judgments entered or renewed on or after August 2, 2013 (not a typo – this is 5 years prior to the change in the limitation period) are subject to the new 10-year limitation period.
Folks Hess Kass’s legal services to financial institutions and other creditors include enforcing and renewing money judgments in Arizona.
Where to file affidavit of judgment renewal?
Ironwood Commons Cmty. HOA v. Randall, 1 CA-CV 17-0381, 4/4/19 – An affidavit of Judgment renewal may be filed int he superior court of the county in which the judgment was dockets,even if that is not the county in the judgment originated. Applicable statutes: A.R.S. Section 33-962(A) and Section 12-1612(A)
Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.
*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*
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