Property Judgment Liens in Arizona

A property lien may be utilized to collect a court judgment in Arizona. This is how it works.

In a civil court matter, a judgment is issued by the court after a judge or jury renders a verdict – or after a court-approved settlement. A typical judgment includes an order for money to be paid from one person to another. However, the individual who owes the money (the debtor) does not always pay it back. A judgment lien is one method of ensuring that the person who obtained the judgment (the creditor) receives what is due to him or her. A judgment lien grants the creditor the right to receive a set amount of money from the profits of the debtor’s property sale.

So, how do Arizona judgment liens work? Continue reading to learn the rules. (For additional information on property liens and judgments in general,

What types of property are susceptible to a judgment lien in Arizona?

A judgment lien may be connected to the debtor’s real estate in every state, which includes a home, condo, land, or other kind of property interest. In addition, certain jurisdictions permit judgment liens on the debtor’s personal property, including as jewelry, art, antiques, and other valuables.

A judgment lien may only be affixed to real land in Arizona (meaning a house or similar property).

In Arizona, how can a creditor get a judgment lien?

The creditor attaches the lien by filing and recording a judgment with the county recorder in any Arizona county where the debtor owns property now or may own property in the future.

In Arizona, how long does a judgment lien last?

In Arizona, a judgment lien remains connected to the debtor’s property for five years (even if the property changes ownership).

Keep in mind that in Arizona, a creditor’s ability to collect under a judgment lien is influenced by a number of factors, including a fixed amount of value that cannot be touched if the property is the debtor’s primary residence (known as a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If matters get problematic, you should consult with an expert Arizona bankruptcy and debt attorney to assist you in resolving any lien concerns.

Where can I get information on Arizona law regarding judgment liens?

If you want to go straight to the source and seek into Arizona laws on judgment liens – maybe you’re a party to a judgment or merely looking for possible encumbrances on property – the applicable statute(s) can be found at Ariz. Rev. Stat. Ann. § 33-964. Tips for researching Arizona state legislation