Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1635 (2026)

Action by judgment creditors

✓ current as of May 2026
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A. If it appears that a person alleged to have property of the judgment debtor or to be indebted to him claims an interest in the property adverse to the judgment debtor or denies the debt, the court may order the judgment creditor to institute an action for recovery of such interest or debt and forbid any disposition of the interest or debt until an action can be commenced and prosecuted to judgment.

B. The execution creditors may also proceed against defendant therein and other parties, by original complaint, to obtain satisfaction of their executions after they have been returned unsatisfied in whole or in part.

Notes of Decisions
Cited in 5 cases, 1979–1991 · leading case: Hegel v. O'Malley Ins. Co., Inc., 593 P.2d 275 (Ariz. 1979).
Hegel v. O'Malley Ins. Co., Inc., 593 P.2d 275 (Ariz. 1979). · cites it 9× “In an attempt to collect on its debt from Elite, O’Malley filed a new complaint pursuant to A.R.S. § 12-1635 B against Alex and Johnaquille Hegel, Sierra National Corporation (Sierra), Harold Toback and Fidelity and Deposit Company of Maryland (Fidelity).”
Grand Real Est., Inc. v. Sirignano, 676 P.2d 642 (Ariz. Ct. App. 1983). · cites it 6× “On July 31, 1978, Grand began this action by filing a complaint seeking foreclosure on the Sirignano residence, pursuant to A.R.S. § 12-1635(B). The Sirignanos, in answering the complaint, alleged that the claim was discharged through bankruptcy.”
Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). · cites it 8× “In a separate appeal, Evans also contends that the trial court erred in failing to award reasonable attorney’s fees.”
Grand Real Est., Inc. v. Sirignano, 676 P.2d 642 (Ariz. Ct. App. 1983). · cites it 6× “On July 31, 1978, Grand began this action by filing a complaint seeking foreclosure on the Sirignano residence, pursuant to A.R.S. § 12-1635(B). The Sirignanos, in answering the complaint, alleged that the claim was discharged through bankruptcy.”
Byers v. Wik, 818 P.2d 200 (Ariz. Ct. App. 1991). · cites it 2× “Byers transferred the property, but contends this meant only that the judgment creditor could have brought an action to foreclose the judgment lien pursuant to A.R.S. § 12-1635. The Trust’s analysis is fatally flawed in several respects.”
— Ariz. Rev. Stat. § 12-1635(B) — 3 cases
Grand Real Est., Inc. v. Sirignano, 676 P.2d 642 (Ariz. Ct. App. 1983). “On July 31, 1978, Grand began this action by filing a complaint seeking foreclosure on the Sirignano residence, pursuant to A.R.S. § 12-1635(B). The Sirignanos, in answering the complaint, alleged that the claim was discharged through bankruptcy.”
Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). “In a separate appeal, Evans also contends that the trial court erred in failing to award reasonable attorney’s fees.”
Grand Real Est., Inc. v. Sirignano, 676 P.2d 642 (Ariz. Ct. App. 1983). “On July 31, 1978, Grand began this action by filing a complaint seeking foreclosure on the Sirignano residence, pursuant to A.R.S. § 12-1635(B). The Sirignanos, in answering the complaint, alleged that the claim was discharged through bankruptcy.”
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