A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer:
1. If the execution is against the property of the judgment debtor, to satisfy the judgment, with interest, out of the personal property of the debtor, and if sufficient personal property cannot be found, then out of his real property.
2. If the judgment is a lien upon real property, then to satisfy the judgment out of the real property belonging to the judgment debtor on the day when the judgment became a lien or at any time thereafter, but if the execution is issued to a county or from the court of a county other than the one in which the judgment was given, on the day when the judgment was docketed in the office of the clerk of the superior court of such county.
3. If the execution is against real or personal property in possession of heirs, devisees, legatees, tenants or trustees, to satisfy the judgment out of such property.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1966–2022 · leading case:
Boone v. Grier, 688 P.2d 1070 (Ariz. Ct. App. 1984).
Boone v. Grier, 688 P.2d 1070 (Ariz. Ct. App. 1984).
· cites it 18× “The Griers obtained a general writ of execution pursuant to A.R.S. § 12-1553 which provides in part: A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer: 1.”
Hall v. World Sav. & Loan Ass'n, 943 P.2d 855 (Ariz. Ct. App. 1997).
· cites it 3× “If Hall had recorded the May 1, 1996 judgment, he would have a judgment lien which he could enforce pursuant to the general execution statute, A.R.S. § 12-1553(2), against any real property belonging to Milton on the day the judgment became a lien.”
Walker v. Davies, 550 P.2d 230 (Ariz. 1976).
· cites it 3× “Appellants further urge that the court was without power or jurisdiction in the second action to fix a specific lien upon any of their real property, and that they thereby lost a substantial right because they were not afforded an opportunity to have the judgment satisfied out…”
Sourcecorp, Inc. v. Norcutt, 258 P.3d 281 (Ariz. Ct. App. 2011).
· cites it 2× “Pursuant to A.R.S. § 12-1553(2) (2003), a judgment creditor holding a lien upon real property “can satisfy the judgment out of the real property belonging to the judgment debtor on the day when the judgment became a lien or at anytime thereafter.”
Byers v. Wik, 818 P.2d 200 (Ariz. Ct. App. 1991).
· cites it 5× “This appeal presents the following issues: (1) whether real property transferred by a judgment debtor to a third party, subject to a judgment lien, may be levied upon in the hands of the third party and sold pursuant to A.R.S. § 12-1553; (2) whether a third party to whom a…”
Hanner v. DeMarcus, 390 U.S. 736 (1968).
· cites it 2× “Hanner urged that the failure to give her actual notice of the execution prejudiced her in three respects: (1) she was unable to invoke her privilege under state law, Ariz. Rev. Stat. Ann. § 12-1562 , to specify which property the sheriff should seize to satisfy the debt; (2)…”
Mortensen v. Berzell Investments Co., 410 P.2d 689 (Ariz. Ct. App. 1966).
· cites it 9× “Appellants contend that they possessed sufficient personal property to satisfy the judgment, that the sheriff was apprised of this fact, that the failure to execute on such personal property before execution on real property was a violation of A.”
Kaplan v. Reilly, 513 P.2d 683 (Ariz. Ct. App. 1973).
· cites it 4× “The Execution Debtor complains that he lost a substantial right when he was not afforded the opportunity to have the judgment satisfied out of his personal property before the sale of his realty as the officer conducting the sale is required to do under the provisions of ARS §…”
Rojas v. Graham Cnty. Adult Det. Facility (D. Ariz. 2022).
· cites it 2× “1 (2) Levy on such non-exempt real property of the Defendant/Judgment Debtor, Kenneth Larson, in accordance with A.R.S. §§ 12-1553, 12-1559. 2 3 YOU ARE FURTHER COMMANDED to make return of this Writ not less than 10 nor more than 90 days after your receipt hereof, in accordance…”
— Ariz. Rev. Stat. § 12-1553(1) — 2 cases
Boone v. Grier, 688 P.2d 1070 (Ariz. Ct. App. 1984).
“The Griers obtained a general writ of execution pursuant to A.R.S. § 12-1553 which provides in part: A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer: 1.”
Walker v. Davies, 550 P.2d 230 (Ariz. 1976).
“Appellants further urge that the court was without power or jurisdiction in the second action to fix a specific lien upon any of their real property, and that they thereby lost a substantial right because they were not afforded an opportunity to have the judgment satisfied out…”
— Ariz. Rev. Stat. § 12-1553(2) — 3 cases
Hall v. World Sav. & Loan Ass'n, 943 P.2d 855 (Ariz. Ct. App. 1997).
“If Hall had recorded the May 1, 1996 judgment, he would have a judgment lien which he could enforce pursuant to the general execution statute, A.R.S. § 12-1553(2), against any real property belonging to Milton on the day the judgment became a lien.”
Sourcecorp, Inc. v. Norcutt, 258 P.3d 281 (Ariz. Ct. App. 2011).
“Pursuant to A.R.S. § 12-1553(2) (2003), a judgment creditor holding a lien upon real property “can satisfy the judgment out of the real property belonging to the judgment debtor on the day when the judgment became a lien or at anytime thereafter.”
Byers v. Wik, 818 P.2d 200 (Ariz. Ct. App. 1991).
“This appeal presents the following issues: (1) whether real property transferred by a judgment debtor to a third party, subject to a judgment lien, may be levied upon in the hands of the third party and sold pursuant to A.R.S. § 12-1553; (2) whether a third party to whom a…”
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