Arizona Revised Statutes

Ariz. Rev. Stat. § 33-1005 (2026)

Payments made in trust

✓ current as of May 2026

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Monies paid by or for an owner-occupant as defined in section 33-1002 to a contractor, as defined in section 32-1101, as payment for labor, professional services, materials, machinery, fixtures or tools for which a lien is not provided in this article shall be deemed for all purposes to be paid in trust and shall be held by the contractor for the benefit of the person or persons furnishing such labor, professional services, materials, machinery, fixtures or tools. Such monies shall neither be diverted nor used for any purpose other than to satisfy the claims of those for whom the trust is created and shall be paid when due to the person or persons entitled thereto. The provisions of this section shall not affect other remedies available at law or in equity.

Notes of Decisions

Cited in 7 cases, 1992–2020 · leading case: Arizona Tile, L.L.C. v. Berger, 224 P.3d 988 (Ariz. Ct. App. 2010).

Sort: Relevance Newest Treatment

Arizona Tile, L.L.C. v. Berger, 224 P.3d 988 (Ariz. Ct. App. 2010). · cites it 32× “Arizona Tile then moved to amend its complaint to add a similar claim against McCarthy for violation of A.R.S. § 33-1005, and the three Defendants answered the amended complaint.”

Westview Investments, Ltd. v. US BANK NAT. ASSOC., 138 P.3d 638 (Wash. Ct. App. 2006). “Code Ann. tit. Commerce and Trade, § 3502-3505 (2005); Mich.”

In the Matter of Wilson J. NICHOLAS, Jr., Debtor. COBURN Co. OF BEAUMONT, Appellant, v. Wilson J. NICHOLAS, Jr., Appellee, 956 F.2d 110 (5th Cir. 1992). “A.R.S. § 33-1005. For this reason, the Ninth Circuit panel concluded that the Arizona statute created an express or technical trust sufficient to find a fiduciary relationship for purposes of § 523(a)(4), holding that “[t]o the extent Boyle is indistinguishable from Carey Lumber…”

Westview Investments, Ltd. v. U.S. Bank Nat'l Ass'n, 133 Wash. App. 835 (Wash. Ct. App. 2006). “Title 6, §§ 3502-3505; Mich. Comp. Laws Serv. §§ 570.”

Foxworth Gailbraith Lumber Co. v. Manelos (In Re Manelos), 337 B.R. 409 (Bankr. D.N.M. 2006). “BAP 1990) (Arizona statute, A.R.S. 33-1005, provided that "Monies paid .”

Credit Assocs., Inc. v. Blevins (Bankr. D. Or. 2020). “1990), citing A.R.S. § 33-1005. 43 Texas Lottery Comm’n v.”

In re Nicholas (5th Cir. 1992). “A.R.S. § 33-1005. For this reason, the Ninth Circuit panel concluded that the Arizona statute created an express or technical trust sufficient to find a 6 fiduciary relationship for purposes of § 523(a)(4), holding that "[t]o the extent Boyle is indistinguishable from Carey…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.