Ten-Year Limitations Period for Enforcing or Renewing a Judgment Clarified
July 30, 2019 – In 2018, the Arizona Legislature amended statutes A.R.S. §§ 12-1551, 12-1611, 12-1612, 12-1613, and 33-964, which may affect real estate interests. Specifically, the amended statues extend the five-year limitations period for enforcing or renewing a judgment to ten years. The Legislature did not expressly make the change retroactive. So it was unclear whether the five or ten-year deadline would apply to judgments entered or renewed prior to August 3, 2018.
To clarify the retroactive effect of the 2018 amendments, the Legislature recently enacted an amendment stating that the ten year time period applies to (1) “all judgments entered on or after August 3, 2013,” and (2) “all judgments entered on or before August 2, 2013, and that were renewed on or before August 2, 2018.” In other words, if a judgment was enforceable on August 3, 2018, then the deadline to enforce or renew such judgment was extended from five to ten years.
Because a judgment becomes a lien on certain real property when properly recorded with the county recorder, the extended validity of a judgment may affect your real estate interests.
If you have any questions about the enforceability of a judgment or its impact on your real property, please contact any member of Gust Rosenfeld’s Creditors’ Rights or Real Estate Practice Groups listed below.
Creditors’ Rights Group:
Real Estate Group: