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Arizona Small Claims Question

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Jenilynn

Guest
What is the name of your state? Arizona

About 18 months ago a judgment was made against my brother in an Arizona Small Claims Court for approximately $2500. He had moved out of state (to Nevada) due to his divorce and was not able to appear at the court on the day scheduled. Immediately after the judgment was made, the court issued a civil arrest warrant which was valid for one year. After the first year was up (and my brother had still not paid the amount of the judgment), the man who had originally filed the complaint went to the court and had the warrant extended for another year. My question is this: How long can the man who filed the claim keep renewing the warrant? My brother has only been to Arizona a couple of times since his divorce and does not plan on moving back. Is there a statute of limitations on a civil judgment in Arizona?

Thank you for your help.
 


I AM ALWAYS LIABLE

Senior Member
Jenilynn said:
What is the name of your state? Arizona

About 18 months ago a judgment was made against my brother in an Arizona Small Claims Court for approximately $2500. He had moved out of state (to Nevada) due to his divorce and was not able to appear at the court on the day scheduled. Immediately after the judgment was made, the court issued a civil arrest warrant which was valid for one year. After the first year was up (and my brother had still not paid the amount of the judgment), the man who had originally filed the complaint went to the court and had the warrant extended for another year. My question is this: How long can the man who filed the claim keep renewing the warrant? My brother has only been to Arizona a couple of times since his divorce and does not plan on moving back. Is there a statute of limitations on a civil judgment in Arizona?

Thank you for your help.


My response:

Your brother could have had the judgment "set aside" due to his circumstances, but apparently failed to do so. Since so much time has no passed, the judgment is now "set in stone."

Judgments out of Arizona are good for 10 years, and accrue interest at the rate of 5% above the Federal Prime lending rate. Therefore, that $2,500.00 judgment is better than money in the bank, and is quickly getting larger and larger with each passing day.

The warrant is renewable each year for the life of the judgment and, if your brother is stopped by the police, anywhere in the country, the warrant will show up and your brother will be arrested.

If the plaintiff is smart, he'd have the judgment recognized by the Nevada courts, and have your brother served with a Writ of Execution to his employer, or be dragged into a Nevada court for a "Judgment Debtor Hearing".

Good luck - - he'll need it.

IAAL
 

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