Arizona Foreign Judgement Law

Judgments – Foreign Judgments – Arizona

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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.  Chap. 9, Art. 11, §12-1701.

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. Chap. 9, Art. 11, §12-1702.

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.  Chap. 9, Art. 11, §12-1703.

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.  Chap. 9, Art. 11, §12-1704.

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.  Chap. 9, Art. 11, §12-1705.

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.  Chap. 9, Art. 11, §12-1706.

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.  Chap. 9, Art. 11, §12-1707.

Short title
This article may be cited as the uniform enforcement of foreign judgments act.  Chap. 9, Art. 11, §12-1708.

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Inside Arizona Foreign Judgement Law