A.R.S. § 12-1551
Collection of Judgments
Efforts to collect money awarded in a prior court judgment.
Statute of Limitation in Arizona
The statute of limitations for enforcing a judgment is typically ten years from the date the judgment is entered, and this period can be renewed through specific processes.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the judgment is renewed by affidavit or legal process within ten years; additionally, a writ of execution cannot be issued after the death of the judgment debtor unless it concerns specific property recovery. Contact an attorney.
Example Scenario
If a judgment is entered on January 1, 2020, the creditor must take action to collect the judgment by January 1, 2030.
Understanding Statutes of Limitations in Arizona
The statute of limitations for collection of judgments in Arizona acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Arizona state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for collection of judgments after the 10-years period has expired, the defendant will likely file a motion to dismiss the case. In Arizona, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Arizona law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Arizona serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (10 years in this instance), potential liability is extinguished.
Can this be resolved in Arizona Small Claims court?