§ 3.12.2 Execution

• Jurisdiction: Arizona

§ 3.12.2 Execution . Execution by levy and sale is the standard, but not exclusive, postjudgment procedure. Walker v. Davies, 113 Ariz. 233, 550 P.2d 230 (1976 ). Execution allows the successful party in a suit, after obtaining judgment, to compel the losing party, with the assistance of the court and sheriff, to comply with the judgment. Obviously, the judgment must be valid. Lincoln-Mercury-Phoenix v. Base, 84 Ariz. 9, 322 P.2d 891 (1958 ). All property and property rights, which are not otherwise exempt by law, are subject to execution. A.R.S. § 12-1558 . The party in whose favor a judgment is given may execute on that judgment by having a writ of execution issued at any time within 5 years after entry of the judgment or its renewal. A.R.S. § 12-1551(A). No execution may be issued after the death of the judgment debtor, unless it is for the recovery of real or personal property or for enforcement of a lien on such property. A.R.S. § 12-1551(C). Thus, it is important to record the judgment as soon as possible to preserve all remedies. If the judgment obtains lien status, the prohibition on execution after death will not preclude enforcement of the lien against real property. Recording the judgment also eliminates the necessity of first proceeding against personal property of the judgment debtor to satisfy the debt. A.R.S. § 12-1553(2).

There are two types of executions: general and special. A.R.S. § 12-1552(A ). A general execution commands the officer to whom it is addressed to satisfy the judgment out of the judgment debtor’s property without specifying the particular property. See Form 3:1. A.R.S. § 12-1552(A)(1). As a practical matter, unless the judgment creditor knows of specific, nonexempt property which is not already encumbered, and can lead the deputy to it, a general writ of execution is of little value. On a writ of general execution, the judgment debtor may point out to the officer the property to be levied on, and if the officer thinks this property is sufficient to satisfy the judgment, he cannot levy on other property. A.R.S. § 12-1562(B). The sheriff will not let the judgment debtor abuse this right, however. The sheriff must be careful with both the debtor and the creditor in serving and returning writs. A.R.S. § 11-449 sets forth the sheriff’s liability relating to writs, levies, and sales.

A general execution is authorized by A.R.S. § 12-1553 , which requires that if the execution is against the property of the judgment debtor, the judgment shall be satisfied out of personal property first, and only out of real property if sufficient personal property cannot be found. Under A.R.S. § 12-1553, a judgment creditor is not required to first obtain a judgment lien on the judgment debtor’s real property under A.R.S. §...