Phoenix Arizona Application for Order of Continuing Lien

State:
Arizona
City:
Phoenix
Control #:
AZ-JUS-8-GE
Format:
Word
Instant download
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Description

Application and Order of Continuing Lien: An Application for Continuing Lien is filed when the Debtor has not completely satisfied the judgment owed a Creditor. The Creditor uses this form to ask the court to continue the lien on a Debtor's property until such time that the judgment is satisfied. This form is available for download in both Word and Rich Text formats.

The Phoenix Arizona Application and Order of Continuing Lien is a legal process that allows individuals or organizations to impose a lien on a property in order to secure the repayment of a debt or obligation. A lien is a legal claim to a property that gives the lien holder the right to satisfy the debt or obligation by selling the property if the debtor fails to fulfill their payment obligation. This application and order is typically used in situations where there is an ongoing debt or obligation that needs to be secured by a lien, such as unpaid taxes, child support arrears, or outstanding judgments. It is important to note that the lien is only placed on the specific property mentioned in the application and order, and it does not extend to any other assets or properties owned by the debtor. The Phoenix Arizona Application and Order of Continuing Lien serves as a formal request to the court to establish the lien and provides detailed information about the debtor, the debt or obligation, and the specific property to be encumbered. The application must be filed with the court and generally requires supporting documentation, such as proof of the debt or obligation, property records, and any relevant court judgments or orders. Once the application is approved by the court, the order is issued, which gives the lien holder the legal right to place and enforce the lien on the specified property. The order typically includes specific instructions on how the lien is to be carried out, including any necessary notifications or filings with relevant government agencies or entities. In Phoenix, Arizona, there may be different types of applications and orders of continuing lien, depending on the specific debt or obligation involved. Some examples include: 1. Tax Liens: These are typically imposed by the government when individuals or businesses fail to pay their taxes. The application and order for a tax lien would be specific to the tax authority issuing the lien, such as the Internal Revenue Service (IRS) or the Arizona Department of Revenue. 2. Child Support Liens: These are imposed when individuals fail to meet their court-ordered child support obligations. The application and order for a child support lien would be specific to the relevant child support enforcement agency or court. 3. Judgment Liens: These are imposed when a court enters a judgment against a debtor for an unpaid debt or ruling. The application and order for a judgment lien would be specific to the court that issued the judgment. It is important to consult with an attorney or legal professional familiar with the specific laws and procedures in Phoenix, Arizona, to ensure that the application and order of continuing lien is properly prepared and filed, and that all necessary steps are taken to enforce the lien within the legal framework provided. Additionally, it is crucial to comply with any statutory requirements, deadlines, and specific documentation needed for each type of lien.

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FAQ

A judgment creditor may renew a judgment lien to extend its effectiveness beyond five years by recording a copy of the affidavit of renewal, certified by the clerk of the court, in the office of the county recorder for each county in which the judgment debtor has property subject to the lien. A.R.S. § 12-1613(C).

To attach the lien, the creditor files and records a judgment with the county recorder in any Arizona county where the debtor owns property now or where they may own property in the future.

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.

As discussed hereinbelow, a judgment may be renewed either by filing a suit on it or by filing an affidavit renewal with the clerk of the appropriate court. A.R.S. §§ 12-1611, 1612(A). Such a renewal, however, does not automatically extend the judgment lien created by the recording of the original judgment.

Judgments in Arizona must be renewed every five years. When a judgment creditor fails to properly renew, the result is the inability to enforce the judgment through a writ of execution or other process.

Pursuant to A.R.S. §§ 33-963 and 33-964(A), a judgment that is recorded in the manner prescribed by A.R.S. § 33-961 becomes a lien on the real property of the judgment debtor for a period of ten years from the date the judgment was given.

A judgment or judgment lien will be valid for ten years from its date of entry. A.R.S. § 12-1551. The deadline for renewing a judgment by filing a lawsuit or an affidavit will be ten years from the judgment's date of entry.

How long does a judgment lien last in Arizona? A judgment lien in Arizona will remain attached to the debtor's property (even if the property changes hands) for five years.

How do I stop a garnishment? Option 1: Don't allow a judgment to be entered against you. Option 2: Challenge the judgment. Option 3: Don't expose assets to garnishment. Option 4: Reduce the amount that is being garnished (wage garnishments only) Option 5: Settlement. Option 6: Bankruptcy.

Except as provided in sections 33-729 and 33-730, from and after the time of recording as provided in section 33-961, a judgment shall become a lien for a period of ten years after the date it is given on all real property of the judgment debtor in the county in which the judgment is recorded, whether the property is

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Phoenix Arizona Application for Order of Continuing Lien