Judgement Renewal

[biscuit350]

My question involves judgment recovery in the State of: Arizona


I have a judgement that was done back in 01/2003 from what I understand in az they have to renew every 5 years last time they did was docketed 10/15/07 from what I was told from a friend was they have to renew within 90 days of the expiration which if its good for 5 years would be 10/15/12 now what he is unsure of is if they have until 10/15/12 to renew or they had until 90 days before it expires so if they haven't renewed by 07/15/12 its too late. As of today 08/01/12 they have not renewed.

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Just to give you all the detail I have

Filing Date
10/11/2007 ARJ - Affidavit: Renewal Of Judgment 10/15/2007
1/15/2003 MAJ - Mot/Aff Entry Def Jud W/O Hear 1/24/2003
1/15/2003 SOC - Statement Of Costs 2/6/2003
NOTE: & NOTICE OF TAXATION OF COSTS
1/15/2003 STA - Statement 2/6/2003
NOTE: REFLECTING COMPUTATION OF PRINCIPAL
1/13/2003 DFJ - Default Judgment 1/24/2003
NOTE: Copy mailed/provided to non-defl. parties on date of filing
11/13/2002 311 - ME: 150 Day Minute Entry 11/13/2002
10/8/2002 AED - Affidavit And Entry Of Default 2/25/2003
10/8/2002 AMS - Affidavit Alternative Method of Service 2/25/2003
10/8/2002 ADE - Application For Default 2/25/2003
9/10/2002 AFS - Affidavit Of Service 10/4/2002
NOTE: Mothers name SERVED 9-3-2002
9/10/2002 AFS - Affidavit Of Service 10/4/2002
NOTE: My Name here SERVED 9-3-2002
9/10/2002 SUM - Summons 11/12/2002
9/9/2002 322 - ME: Notice Of Intent To Dismiss 9/11/2002 <<<<<<<<<<<<<<<<<What is this one about?
NOTE: No document corresponds to this docket event.
6/12/2002 COM - Complaint 6/14/2002 Plaintiff(1)
6/12/2002 CCN - Cert Arbitration - Not Subject 6/14/2002 Plaintiff(1)

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And to add to that I was not served my mother who has now passed and at the time was mentally ill was served and I didnt find out about this until after it was done

[Mr. Knowitall]

And your question is... ?

[biscuit350]

"from what I was told from a friend was they have to renew within 90 days of the expiration which if its good for 5 years would be 10/15/12 now what he is unsure of is if they have until 10/15/12 to renew or they had until 90 days before it expires so if they haven't renewed by 07/15/12 its too late. As of today 08/01/12 they have not renewed."

So basically do they have until the 90 day point before the judgment expires to renew. So would 7/15/12 be the last day they could renew or they have to renew it within 90 day so anytime between 7/15/12 and 10/15/12? This is the main question but also what does the 9/9/2002 322 - ME: Notice Of Intent To Dismiss 9/11/2002 mean and would the fact that I was never served be grounds for anything if they do renew?

[Mr. Knowitall]

Per statute,

A judgment may be renewed by action thereon at any time within five years after the date of the judgment.

A. A judgment for the payment of money which has been entered and docketed in the civil docket or civil order book of the United States district court or superior court, whether originally rendered by it or entered upon a transcript of judgment from another court, or recorded with the county recorder, may be renewed by filing an affidavit for renewal with the clerk of the proper court.

B. The judgment creditor, his personal representative or assignee may within ninety days preceding the expiration of five years from the date of entry of such judgment, make and file an affidavit, known as a renewal affidavit, entitled as in the action setting forth:

1. The names of the parties, the name of the court in which docketed, if recorded the name of the county in which recorded, the date and amount of the judgment, the number and page of the docket in which entered by the clerk of the court, if recorded, the number and page of the book in which recorded by the county recorder, the name of the owner of the judgment, and his source and succession of title, if not the judgment creditor.

2. That no execution is anywhere outstanding and unreturned upon the judgment, or if any execution is outstanding, that fact shall be stated.

3. The date and amount of all payments upon the judgment and that all payments have been duly credited upon the judgment.

4. That there are no set-offs or counterclaims in favor of the judgment debtor, and if a counterclaim or set-off does exist in favor of the judgment debtor, the amount thereof, if certain, or, if the counterclaim or set-off is unsettled or undetermined, a statement that when it is settled or determined by action or otherwise, it may be allowed as a payment or credit upon the judgment.

5. The exact amount due upon the judgment after allowing all set-offs and counterclaims known to affiant, and other facts or circumstances necessary to a complete disclosure as to the exact condition of the judgment.

C. If the judgment was docketed by the clerk of the court upon a certified copy from any other court and subsequently an abstract recorded with the county recorder, the affidavit shall, in addition to the foregoing, set forth a statement of each county in which such transcript has been docketed and abstract recorded. The affidavit shall be verified positively by the person making it, and not upon information and belief.

D. The filing of the affidavit in the office of the clerk of the court where the judgment is entered and docketed shall renew and revive the judgment to the extent of the balance shown due in the affidavit.

E. Additional and successive renewal affidavits as provided for in subsection B may be made and filed within ninety days of expiration of five years from the date of the filing of a prior renewal affidavit.

F. Recorded judgments which have been timely renewed by a renewal affidavit and successive affidavits, even if such successive affidavits were not authorized by prior law, may be renewed as provided in this section if the prior renewal affidavits were filed within ninety days from the expiration of each successive five year period.

A. The affidavit of renewal shall be docketed by the clerk in the proper docket or book, and he shall enter in the proper docket or book forthwith, after the statement of the original judgment, the date and fact of the renewal, and the amount for which the judgment is renewed.

B. The entry and docketing of the affidavit by the clerk shall renew the judgment for a period of five years from the time of docketing.

C. No lien upon or against the real property of the judgment debtor shall be continued by an affidavit of renewal until a copy of the affidavit, certified by the clerk of the court, is recorded in the office of the county recorder.

D. From and after recordation of the copy of the affidavit of renewal, certified by the clerk of the court, the judgment shall be a lien to the extent of the balance shown in the affidavit of renewal against all real property of the judgment debtor, except such as is exempt from execution, including interest in the homestead, for a period of five years from the date of docketing the affidavit of renewal with the clerk.

E. A copy of the renewal affidavit and of the docket entries thereon, certified by the clerk of the court wherein they are filed, may be docketed in any other county of the state in which a transcript of the original judgment was filed, and a copy of the renewal affidavit may be recorded with the county recorder of any county wherein the original judgment has been previously filed or docketed or wherein the judgment creditor desires the judgment to become a lien upon real property of the judgment debtor.

[biscuit350]

what does the "9/9/2002 322 - ME: Notice Of Intent To Dismiss 9/11/2002" mean and would the fact that I was never served be grounds for anything if they do renew?

[AZDeputyClerk]

Were you residing at the same address as your mother? It sounds like service was made through substitute service. For the record, mentally incapacitated adults can be served in Arizona and given the length of time that has passed, the chances of gaining relief by raising the service issue is very remote.

[biscuit350]

We were at the same address although it was in Texas if that makes any difference.

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So even though she never told me about the lawsuit because of being mentally ill I would still be responsible?