Ariz. Rev. Stat. § 33-961

Recording judgments for payment of money; certified copy; perfecting lien; information statement; exemption; retroactive applicability

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A. A certified copy of the judgment of any court in this state may be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a lien on the real property of the judgment debtor. On recording in substantial compliance with both the requirements of this section and the requirements of section 33-967 regarding an information statement, the judgment becomes a lien on the real property of the judgment debtor, including any part of the real property of the judgment debtor as otherwise provided by law. Failure to substantially comply with this section and section 33-967, results in the judgment not becoming a lien. The certified copy of the judgment shall set forth the:

1. Title of the court and the action and number of the action.

2. Date of entry of the judgment and the docket record for the judgment.

3. Names of the judgment debtor and judgment creditor.

4. Amount of the judgment.

5. Attorney of record for the judgment creditor.

B. The clerk shall furnish a certified copy of any judgment of that court on request and payment of the fee prescribed by law.

C. A judgment or decree or any renewal that requires payment of money shall also be accompanied by an information statement as prescribed by section 33-967.

D. Notwithstanding subsections A and C of this section, a civil judgment in favor of this state is exempt from the requirement to record an information statement as prescribed in section 33-967 and becomes a lien on the real property of the judgment debtor when it is recorded in the office of the county recorder. This subsection applies retroactively to all judgments in favor of this state without regard to when the judgment was recorded.

Notes of Decisions

Cited in 27 cases (1 in the last 5 years), 1961–2022 · leading case: Cecilia M Lewis Et Vir v. Ray C Debord Et Ux

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Cecilia M Lewis Et Vir v. Ray C Debord Et Ux (2015) ariz · cites it 29× “¶ 1 Arizona’s judgment lien statutes, A.R.S. §§ 33-961 through 33-968, require the filing of an information statement, but do not specify the consequences of failing to do so.”

Lewis v. Debord and Nelson-Debord (2014) arizctapp · cites it 16× “” And, § 33-967(A) states: In addition to the requirements prescribed by § 33-961, any judgment or decree or any renewal that requires the payment of money and that is recorded on or after January 1, 1997, shall be attached to a separate information statement of the judgment…”

Hall v. World Savings & Loan Ass'n (1997) arizctapp · cites it 8× “shall be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a lien upon the real property of the judgment debtor before the judgment shall become a lien----” Once recorded in the above manner, “a…”

Sysco Arizona, Inc. v. Hoskins (2014) arizctapp · cites it 11× “FACTUAL AND PROCEDURAL BACKGROUND ¶2 This appeal addresses the statutory requirements for obtaining a judgment lien under AR.S. § 33-961. This case arises from a trustee’s sale that yielded $286,177.”

Freeman v. Wintroath Pumps—Division of Worthington Corp. (1970) arizctapp · cites it 6× “*184 JUDGMENT LIEN A.R.S. § 33-961, subsec. B provides: “An abstract of the judgment of a court, certified by the clerk, shall be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a lien upon the…”

Pac. W. Bank v. Castleton (2018) arizctapp · cites it 4× “See A.R.S. §§ 33-961 -964 (judgment liens on real property), 33-1101 to -1105 (homesteads and homestead exemption).”

Bryan v. Nelson (1994) arizctapp · cites it 4× “Under section 33-964, a judgment becomes a lien “upon all real property of the judgment debtor” after it has been recorded “as provided in section 33-961....” A.R.S. § 33-964CA) (Supp.”

Hay v. Duskin (1969) arizctapp · cites it 4× “See A.R.S. § 33-961. The abstract, dated December 1, 1966, indicates partial satisfaction of the judgment, with an accompanying reference to “Execution on Return filed November 16, 1966.”

Walker v. Davies (1976) ariz · cites it 2× “For a judgment creditor to secure a lien upon the real property of a judgment debtor he must record an abstract of judgment according to the provisions of A.R.S. § 33-961 and 33-964. The evidence shows that before commencing the second action the appellees held a prior valid…”

Boone v. Grier (1984) arizctapp · cites it 4× “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…”

Byers v. Wik (1991) arizctapp · cites it 4× “Pursuant to A.R.S. § 33-961 et seq., Ms. Byers’ judgment was recorded on July 7, 1987, in the Office of the County Recorder of Maricopa County.”

McClanahan v. Hawkins (1961) ariz · cites it 2× “The pertinent parts of the statutes read as follows: “§ 33-961 * * * “B. An abstract of the judgment of a court, certified by the clerk, shall be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a…”

Show all 27 citing cases →

— Ariz. Rev. Stat. § 33-961(0) — 2 cases

Lewis v. Debord and Nelson-Debord (2014) arizctapp “” And, § 33-967(A) states: In addition to the requirements prescribed by § 33-961, any judgment or decree or any renewal that requires the payment of money and that is recorded on or after January 1, 1997, shall be attached to a separate information statement of the judgment…”

Cecilia M Lewis Et Vir v. Ray C Debord Et Ux (2015) ariz “¶ 1 Arizona’s judgment lien statutes, A.R.S. §§ 33-961 through 33-968, require the filing of an information statement, but do not specify the consequences of failing to do so.”

— Ariz. Rev. Stat. § 33-961(A) — 7 cases

Hall v. World Savings & Loan Ass'n (1997) arizctapp “shall be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a lien upon the real property of the judgment debtor before the judgment shall become a lien----” Once recorded in the above manner, “a…”

Pac. W. Bank v. Castleton (2018) arizctapp “See A.R.S. §§ 33-961 -964 (judgment liens on real property), 33-1101 to -1105 (homesteads and homestead exemption).”

Bryan v. Nelson (1994) arizctapp “Under section 33-964, a judgment becomes a lien “upon all real property of the judgment debtor” after it has been recorded “as provided in section 33-961....” A.R.S. § 33-964CA) (Supp.”

— Ariz. Rev. Stat. § 33-961(A)(1) — 1 case

— Ariz. Rev. Stat. § 33-961(B) — 1 case

Boone v. Grier (1984) arizctapp “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…”

— Ariz. Rev. Stat. § 33-961(C) — 3 cases

Sysco Arizona, Inc. v. Hoskins (2014) arizctapp “FACTUAL AND PROCEDURAL BACKGROUND ¶2 This appeal addresses the statutory requirements for obtaining a judgment lien under AR.S. § 33-961. This case arises from a trustee’s sale that yielded $286,177.”

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