Arizona Money Judgment Validity and
Renewal Deadline Extended from Five Years to Ten
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, after which the deadline to renew a judgment
will be ten years from the date of entry.
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.”
The statute is
silent as to its effect on judgments entered before August 3, 2018.
We believe that other statutes and case law would apply the ten-year
limitations period to judgments entered before August 3, 2018, that
have not expired. If a judgment has expired, it cannot be renewed.
uncertainty and disagreement in the legal community as to the effect
of the new statute on judgments entered prior to August 3, 2018, and
we had hoped to have additional guidance from either the legislature
or the court before the application of this statute. We recommend
that, to err on the side of caution, all judgments entered prior to
August 3, 2018, be renewed at five years. As this statute is
interpreted further, that renewal period can be adjusted.
continue to monitor the application and analysis of this statute.
Please keep our firm in mind if you would like us to enforce or
renew any of your money judgments in Arizona.
Folks Hess Kass is certified as a
women-owned business by the
Enterprise National Council (WBENC), the nation’s largest certifier
of women-owned businesses and a leading advocate for women business
owners and entrepreneurs.
Mortgage Deficiency Law
Larry Folks' updated
Arizona Mortgage Deficiency Law
article addresses Arizona's Mueller and Wildwood decisions and
provides a useful reference for attorneys
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