Revised Uniform Enforcement of Foreign Judgments Act
Arizona's version of the Revised
Uniform Enforcement of Foreign Judgments Act, contained in the
Arizona Revised Statutes, ("A.R.S.") is reprinted below. This brief but powerful act allows creditors to enforce judgments
against debtors across state
lines:
A.R.S.
§12-1701. Definition
In this article, unless the
context otherwise requires: "Foreign judgment" means any judgment,
decree, or order of a court of the United States or of any other
court which is entitled to full faith and credit in this state.
A.R.S.
§12-1702. Filing and status of foreign
judgments
A copy of any foreign judgment
authenticated in accordance with the act of Congress or the statutes
of this state may be filed in the office of the clerk of any
superior court of this state. The clerk shall treat the foreign
judgment in the same manner as a judgment of the superior court of
this state. A judgment so filed has the same effect and is subject
to the same procedures, defenses and proceedings for reopening,
vacating, or staying as a judgment of a superior court of this state
and may be enforced or satisfied in like manner.
A.R.S.
§12-1703. Notice of
filing
A. At the time of the filing of
the foreign judgment, the judgment creditor or the judgment
creditor's lawyer shall make and file with the clerk of the superior
court an affidavit setting forth the name and last known post office
address of the judgment debtor, and the judgment
creditor.
B. Promptly upon the filing of
the foreign judgment and the affidavit, the judgment creditor shall
mail notice of the filing of the foreign judgment and a copy of the
foreign judgment to the judgment debtor at the address given and
shall file proof of mailing with the clerk. The notice shall include
the name and post office address of the judgment creditor and the
judgment creditor's attorney, if any, in this state.
A.R.S.
§12-1704. Stay of enforcement of
judgment
A. If the judgment debtor shows
the superior court that an appeal from the foreign judgment is
pending or will be taken, or that a stay of execution has been
granted, the court shall stay enforcement of the foreign judgment
until the appeal is concluded, the time for appeal expires, or the
stay of execution expires or is vacated, upon proof that the
judgment debtor has furnished the security for the satisfaction of
the judgment required by the state in which it was
rendered.
B. If the judgment debtor shows
the superior court any ground upon which enforcement of a judgment
of any superior court of this state would be stayed, the court shall
stay enforcement of the foreign judgment for an appropriate period,
upon requiring the same security for satisfaction of the judgment
which is required in this state.
C. No execution or other process
for enforcement of a foreign judgment filed under section 12-1702
shall issue until twenty days after the date the judgment creditor
mails the notice of filing of the foreign judgment and files proof
of mailing with the clerk as required under section
12-1703.
A.R.S.
§12-1705. Filing fees
Any person filing a foreign
judgment shall pay to the clerk a fee pursuant to section 12-284.
Fees for docketing, transcription or other enforcement proceedings
shall be as provided for judgments of the superior court.
A.R.S.
§12-1706. Other rights of
enforcement
The right of a judgment creditor
to bring an action to enforce his judgment instead of proceeding
under this article remains unimpaired.
A.R.S.
§12-1707. Uniformity of
interpretation
This article shall be so
interpreted and construed as to effectuate its general purpose to
make uniform the law of those states which enact
it.
A.R.S.
§12-1708. Short title
This article may be cited
as the Uniform Enforcement of Foreign Judgments Act.
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