A.R.S. tit. 12 ch. 9 — Arizona Revised Statutes Title 12 Chapter 9 — Special Actions And Proceedings To Enforce Claims Or Judgments

12-1501. Validity of arbitration agreement A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. 12-1502. Proceedings to compel or stay arbitration A. On application of a party showing an agreement described in section 12-1501, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party. Otherwise, the application shall be denied. B. On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration. C. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection A of this section, the application shall be made therein. Otherwise and subject to section 12-2101, the application may be made in any court of competent jurisdiction. D. Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay. E. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown. 12-1503. Appointment of arbitrators by court If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement. 12-1504. Majority action by arbitrators The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this article. 12-1505. Hearing Unless otherwise provided by the agreement: 1. The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy. 2. The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing. 3. The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy. 12-1506. Representation by attorney A party has the right to be represented by an attorney at any proceeding or hearing under this article. A waiver thereof prior to the proceeding or hearing is ineffective. 12-1507. Witnesses; subpoenas; depositions A. The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and, upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action. B. On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. C. All provisions of law compelling a person under subpoena to testify are applicable. D. Fees for attendance as a witness shall be the same as for a witness in the superior courts of the state of Arizona. 12-1508. Award A. The award shall be in writing and signed by arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement. B. An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him. 12-1509. Change of award by arbitrators On application of a party or, if an application to the court is pending under sections 12-1511, 12-1512, or 12-1513, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs 1 and 3 of subsection A of section 12-1513, or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of sections 12-1511, 12-1512 and 12-1513. 12-1510. Fees and expenses of arbitration Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. 12-1511. Confirmation of an award A party seeking confirmation of an award shall file and serve an application therefor in the same manner in which complaints are filed and served in civil actions. Upon the expiration of twenty days from service of the application, which shall be made upon the party against whom the award has been made, the court shall enter judgment upon the award unless opposition is made in accordance with section 12-1512. 12-1512. Opposition to an award A. Upon filing of a pleading in opposition to an award, and upon an adequate showing in support thereof, the court shall decline to confirm and award and enter judgment thereon where: 1. The award was procured by corruption, fraud or other undue means; 2. There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; 3. The arbitrators exceeded their powers; 4. The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 12-1505, as to prejudice substantially the rights of a party; or 5. There was no arbitration agreement and the issue was not adversely determined in proceedings under section 12-1502 and the adverse party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. B. In declining to confirm an award on grounds other than stated in paragraph 5 of subsection A the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 12-1503, or if the court declines to confirm the award on grounds set forth in paragraphs 3 and 4 of subsection A the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 12-1503. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order. 12-1513. Modification or correction of award A. Upon application made within ninety days after delivery of a copy of the award to the applicant, if judgment has not been entered thereon, the court shall modify or correct the award where: 1. There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award; 2. The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or 3. The award is imperfect in a matter of form, not affecting the merits of the controversy. B. If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made. C. An application to modify or correct an award may be joined in the alternative with an application to vacate the award. D. After judgment, the award shall be subject to the powers of the court in the same manner as any other judgment which may be subject to review under rule 60(c) of the rules of civil procedure. 12-1514. Judgment or decree on award Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in confirmity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court. 12-1515. Applications to court Except as otherwise provided, an application to the court under this article shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action. 12-1516. Court; jurisdiction and venue The term "court", as used in this article, means the superior courts of the state of Arizona, and venue of the appropriate superior court shall be determined as in any other civil action. The initial application having been made to a court of appropriate venue, all subsequent applications shall be made to the same court unless that court otherwise directs. 12-1517. Limited effect of article This article shall have no application to arbitration agreements between employers and employees or their respective representatives. 12-1518. State and political subdivisions; use of arbitration A. In the discretion of any state agency, board or commission or any political subdivision of this state, the services of the American arbitration association, or any other similar body, may be used as provided by this article. Any agreement to make use of arbitration shall be made either at the time of entering into a contract or by written mutual agreement at a subsequent time prior to the filing of any civil action. B. Notwithstanding subsection A of this section, a state agency, board or commission shall include an agreement to make use of arbitration in all contracts which are subject to mandatory arbitration pursuant to rules adopted under section 12-133. C. Notwithstanding subsection A or B of this section, a state agency, board or commission shall include an agreement to make use of arbitration as provided in this article in public works contracts if the amount in controversy is less than one hundred thousand dollars. 12-1521. Attachment of property of defendant A plaintiff, after complying with the provisions of chapter 14 of this title, may in the following cases have the property of the defendant attached as security for satisfaction of any judgment which may be recovered, unless the defendant gives security to pay such judgment: 1. In an action upon a contract, express or implied, for payment of money which is not fully secured by real or personal property, or, if originally so secured, the value of such security has, without any act of the plaintiff or the person to whom the security was given, substantially diminished below the balance owed. 2. When an action is pending for damages and the defendant is about to dispose of or remove his property beyond the jurisdiction of the court in which the action is pending. 3. In an action for damages or upon contract, express or implied, against a defendant not residing in this state or a foreign corporation doing business in this state. 4. In an action upon a judgment of any state. 12-1522. Affidavit for issuance of writ of attachment The clerk or justice of the peace, after complying with the provisions of chapter 14 of this title, shall issue the writ of attachment upon receiving an affidavit by or on behalf of plaintiff, showing any one or more of the requirements for a writ of attachment as set forth in section 12-1521. 12-1523. Issuance of writ for debt or demand not due; affidavit; trial; judgment A. After entry of an order pursuant to the requirements of chapter 14 of this title, a writ of attachment may issue although the plaintiff's debt or demand is not due, but final judgment shall not be rendered against the defendant until the debt or demand is due. B. To obtain an attachment for a debt or demand not due, the plaintiff may file with the clerk or justice of the peace a complaint and shall file an affidavit showing: 1. That the defendant is indebted to the plaintiff upon a contract, express or implied, for the direct payment of money, stating the amount, and that the debt is not due. 2. That such contract was made or is payable in this state. 3. That payment of the debt has not been secured by a mortgage, pledge or lien. 4. The character of the debt sued for. 5. That there are no legal setoffs or counterclaims against the debt. 6. That the defendant is about to remove permanently from the state and has refused to secure the debt, or that he has secreted his property for the purpose of defrauding his creditors, or that he is about to remove his property from the state without leaving sufficient property remaining for payment of his debts, or that he has disposed of his property wholly or in part with intent to defraud his creditors, or that he is about to dispose of his property with intent to defraud his creditors. C. The affidavit shall further state that the attachment is not sued out for the purpose of injuring or harassing the defendant and that the plaintiff will probably lose his debt unless the attachment is issued. D. The facts set forth in the affidavit filed under this section may be denied by the defendant, and the issue so formed shall be tried as other questions of fact. E. If judgment is for the defendant, the court shall fix and include in the judgment a reasonable attorney's fee and shall enter judgment therefor against the sureties upon the attachment bond. 12-1524. Attachment bond of plaintiff Before issuance of a writ of attachment, plaintiff shall execute and file a bond payable to defendant in an amount not less than the amount for which action is brought, to be approved by the officer issuing the writ, conditioned that plaintiff will prosecute his action to effect and will pay all damages and costs as may be sustained by defendant by reason of the wrongful obtaining of the attachment. 12-1525. Quashing of writ; criteria of validity of affidavit and bond A. Every attachment issued without the affidavit and bond shall be quashed on motion of defendant. B. The affidavit and bond shall not be void for want of form if they contain all essential matters. 12-1526. Issuance of writ; contents After compliance with the provisions of chapter 14 of this title and upon the execution and filing of the affidavit and bond, the superior court judge or justice of the peace shall immediately issue a writ of attachment directed to the sheriff or any constable of any county where property of defendant is supposed to be, commanding him to attach so much of the property as will be sufficient to satisfy the demand of plaintiff and the probable costs of the action. 12-1528. Issuance of writ to several counties; form of writ; delivery for service A. Several writs of attachment may, at the option of plaintiff, be issued at the same time or in succession and sent to different counties until sufficient property is attached to satisfy the writ. B. The writ may be in the following form: "The State of Arizona. "To the sheriff or any constable of ___________________ county, greeting: "We command that you attach forthwith so much property of C. D., if to be found in your county, as is of value sufficient to make the sum of _____________ dollars, and the probable costs of the action, to satisfy the demand of A. B., and that you keep and secure in your hands the property so attached, unless replevied, so that such property may be liable to further proceedings thereon, to be had before the court, and that you make return of this writ showing how you have executed it." C. The writ shall be dated and attested as other writs, and may be delivered by the issuing officer to the sheriff or a constable, or he may deliver it to the plaintiff for that purpose. 12-1529. Execution of writ; indemnity bond for attaching officer A. The officer receiving the writ shall immediately execute it by levying upon so much property of defendant subject to levy under the writ and found within his county as is sufficient to satisfy the writ. B. The officer shall levy the writ at his own risk, but he may require the plaintiff in attachment to execute and deliver to him a bond of indemnity to secure him if it should afterward appear that the property levied upon does not belong to defendant. 12-1530. Levy of writ; attachment of real or personal property A. The writ of attachment shall be levied in the same manner as a writ of execution. B. When real property is attached the officer shall also serve a copy of the writ upon the defendant whose property is attached as a summons is served in a civil action, and make return thereof. If the officer is unable to serve the writ upon defendant, he shall post the writ in a conspicuous place upon the property and so make his return. C. When personal property is attached the property shall remain in the custody of the officer until final judgment, unless taken from his custody as provided by law. D. In the execution of a writ, the officer may enter on the lands, and into the residence or other building owned, occupied or controlled by the defendant. 12-1531. Return of writ; duties of officer; further return A. An officer executing a writ of attachment shall return the writ with his action endorsed thereon or attached thereto and signed by him, to the court from which it issued within thirty days after date of the levy. B. The return shall describe the property attached with sufficient certainty to identify it and shall state when it was attached and whether any personal property attached still remains in his custody, and if not, the disposition made of the property. C. When personal property has been replevied the officer shall deliver the replevin bond to the clerk or justice to be filed in the action. D. When the property levied on is claimed, replevied or sold after the return, the officer shall immediately make a further return to the clerk or justice of the peace showing the disposition of the property. 12-1532. Levy of attachment as lien on property; satisfaction of lien A. The levy of the writ of attachment upon any property of defendant subject thereto is a lien from the date of the levy on the real property and on such personal property as remains in the custody of the attaching officer and on the proceeds of such personal property as is sold. B. If plaintiff is given judgment, the court shall in the judgment order the proceeds of the personal property, if sold, to be applied to satisfaction of the judgment, and order the sale of the personal property remaining in the custody of the officer and of the real property levied on to satisfy the judgment, and the clerk of the court or justice of the peace shall issue special execution therefor. 12-1533. Attachment of perishable property; sale; procedure A. When personal property which has been attached is not claimed or replevied, the court or justice of the peace out of whose court the writ was issued may order it to be sold, when it appears that the property is in danger of serious and immediate waste or decay, or that keeping it until trial will result in such expense or deterioration in value as greatly to lessen the amount likely to be realized therefrom. B. In ascertaining whether the property is in danger of serious and immediate waste or decay or that keeping of the property until trial will result in such expense or deterioration in value as greatly to lessen the amount likely to be realized therefrom, the court or justice of the peace may require or dispense with notice to the parties and may act upon such information, by affidavit, certificate of the attaching officer or other proof, as appears sufficient to protect the interest of the parties. C. The sale shall be conducted in the same manner as sales of personal property under execution, except as to time of advertisement, which may be fixed by the court or justice of the peace for a shorter period. 12-1534. Disposition of proceeds of sale of perishable property; report of sale The proceeds of the sale as provided in section 12-1533 shall, within five days after the sale, be paid by the officer making the sale to the clerk of the court or justice of the peace, accompanied by a statement in writing and signed by such officer, to be filed in the action, stating the time and place of sale, the name of the purchaser and the amount received with an itemized account of the expense of sale. 12-1535. Preservation of personal property under attachment If personal property in custody of an officer under a writ of attachment is not replevied, claimed or sold, the court or justice of the peace may make such order for its preservation or use as appears to be to the interest of the parties. 12-1536. Replevin of attached property by defendant; bond At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff's debt, or, at defendant's option, for the value of the property replevied as estimated by such officer, conditioned that defendant will satisfy the judgment which may be rendered in the action, or will pay the estimated value of the property with lawful interest thereon from the date of the bond. 12-1537. Restoration of property or exoneration of bond; levy on exempt property A. If the attachment is vacated or if the judgment is for defendant, the court shall order the property restored to defendant or exonerate the claim or replevin bond. B. When any property claimed to be exempt is levied upon, defendant may, any time after such levy, apply to the court for vacation of such levy. If it appears to the court that the property so levied upon was exempt, the court shall order the levy vacated and the property returned to defendant. 12-1538. Judgment where personal property replevied When personal property under attachment has been replevied, the judgment shall also be against defendant and the sureties on his replevin bond for the amount of the judgment, interest and costs, or for the value of the property replevied and interest according to the terms of the bond. 12-1539. Veterans disability benefits; exemption from seizure A. Notwithstanding section 12-1521, federal disability benefits awarded to veterans for service-connected disabilities pursuant to 38 United States Code chapter 11: 1. Are exempt from the claim of creditors. 2. Are not subject to attachment, levy or seizure under any legal or equitable process, as provided by federal law. 3. May not be awarded to any other person. B. This section does not apply to that portion of service-connected disability benefits that is subject to child and spousal support enforcement under 42 United States Code section 659(h)(1)(A)(ii)(V). 12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; applicability A. The party in whose favor a judgment is given, at any time within ten years after entry of the judgment and within ten years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement. B. An execution or other process shall not be issued on a judgment after the expiration of ten years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within ten years after the date of the entry of the judgment or of its renewal. C. The court shall not issue a writ of execution after the death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien. D. This section applies to: 1. All judgments that were entered on or after August 3, 2013. 2. All judgments that were entered on or before August 2, 2013 and that were renewed on or before August 2, 2018, except that a writ of execution or other process may not be issued for a judgment entered on or before August 2, 2013 that was not renewed on or before August 2, 2018. E. This section does not apply to: 1. Criminal restitution orders entered pursuant to section 13-805. 2. Written judgments and orders for child support and spousal maintenance and to associated costs and attorney fees. 3. Civil judgments obtained by this state that are either of the following: (a) Entered on or after September 13, 2013. (b) Entered before September 13, 2013 and that were current and collectable under the laws applicable on September 13, 2013. 4. Judgments directing the sale of property pursuant to title 42, chapter 18, article 6. 12-1552. Types of executions; form A. Executions are either general or special. 1. A general execution is one which commands the officer to whom it is addressed to make the amount of the judgment out of property of the judgment debtor without specifying the particular property. 2. A special execution is one which commands the officer to whom it is addressed to sell certain specific property, or to deliver certain specific real or personal property to the party adjudged to be entitled thereto. B. All executions shall be issued in the name of the state, signed by the clerk and sealed with the seal of the court, directed to the sheriff or other officer of the county where service is to be made, and shall refer to the judgment, the court where entered and the date of entry. 12-1553. General execution A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer: 1. If the execution is against the property of the judgment debtor, to satisfy the judgment, with interest, out of the personal property of the debtor, and if sufficient personal property cannot be found, then out of his real property. 2. If the judgment is a lien upon real property, then to satisfy the judgment out of the real property belonging to the judgment debtor on the day 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 such county. 3. If the execution is against real or personal property in possession of heirs, devisees, legatees, tenants or trustees, to satisfy the judgment out of such property. 12-1554. Special execution A special execution shall set forth in substance the portions of the judgment which command the sale or delivery of specific property and the amount of costs or damages, if any, and shall require the officer: 1. If the judgment directs the sale of specific real or personal property, to make sale of such property as directed in the judgment. 2. If the judgment is for the delivery of possession of real or personal property, to deliver possession of the property to the party entitled thereto, and at the same time to satisfy any costs, damages, rents, or profits given by the same judgment, out of the personal property of the person against whom the judgment was given, and the value of the property for which judgment was given shall be specified in the officer's return if a delivery cannot be had. If sufficient personal property cannot be found, the judgment shall be satisfied out of the real property as in the case of a general execution. 12-1555. Return of execution A. An execution shall be made returnable to the clerk of the court issuing it at any time not less than ten nor more than ninety days after its receipt by the officer to whom directed. B. When the execution is returned the clerk shall note in the proper docket the amount made by the officer, and to whom paid, and attach the execution to the record of the proceedings. 12-1556. Judgment requiring performance of other acts; service When a judgment requires the performance of any act other than is designated in the preceding sections of this article, a certified copy of the judgment shall be served upon the party against whom the judgment was given, or upon the person required by the judgment or by law to obey it. Obedience thereto may be enforced by the court by the power to punish for contempt. 12-1557. Issuance of writ to several counties A. A general execution may be issued to the sheriff of any county in the state, and executions may be issued at the same time, or different times, to different counties. B. A special execution requiring sale of specific property, or delivery of real or personal property shall be issued to the sheriff of the county where the property, or some part thereof, is situated. 12-1558. Property subject to execution A. All property, real and personal, not exempt by law, and all property and rights of property seized and held under attachment or garnishment in an action, are liable to execution. B. Shares and interests in a corporation, and debts and credits, choses in action, and all other property, or any interest therein, legal or equitable, not capable of manual delivery, may be levied upon and sold under execution. 12-1559. Levy of writ of execution; real property; personal property; livestock; shares of stock; partnership interests The officer to whom the writ is directed shall make the levy as follows: 1. To levy on real estate it is sufficient that the officer endorse the levy on the writ of execution and record with the county recorder of the county where the real property is situated a copy of the writ with the endorsement of levy thereon. 2. To levy on personal property the officer shall take possession when the defendant in execution is entitled to the possession. When the defendant in execution has an interest in personal property but is not entitled to possession of the property, a levy shall be made by giving notice of the levy to the person who is entitled to possession, or to one of them when there are several. 3. To levy upon livestock running at large on a range and which cannot be herded or penned without great inconvenience and expense, it is sufficient that the officer designate, by reasonable estimate, the number of animals, describing them by their marks and brands or either. Such levy shall be made in the presence of two or more persons, and notice of the levy shall be given in writing to the owner or his herder or agent, if residing within the county and known to the officer making the levy. A copy of the writ and the return shall be recorded by the officer with the county recorder of the county where the levy is made. 4. To levy on personal property which, by reason of its bulk or other cause, cannot be immediately removed, it is sufficient that the officer, within three days after the levy, record with the county recorder of the county in which the property is located a certified copy of the execution and of the return of the levy thereon. 5. To levy on the stock of a corporation the officer shall proceed as provided in section 47-8112. 6. To levy on the interest of a partner in partnership property the officer shall leave notice with one or more of the partners or with a clerk of the partnership. 12-1560. New trial after service by publication; superseding judgment A. When judgment has been rendered on service by publication, and defendant has not appeared, a new trial may be granted upon application of defendant for good cause shown by affidavit, made within one year after rendition of judgment. B. Execution of the judgment shall not be stayed unless defendant gives bond, approved by the clerk of the superior court, in double the amount of the judgment or value of the property adjudged, payable to plaintiff in the judgment, conditioned that the party will prosecute the application for new trial to effect, and will satisfy such judgment as may be rendered by the court against him. C. When property has been sold under the judgment and execution before the process was stayed, defendant, if he defeats plaintiff's action, shall not recover the property so sold, but shall have judgment against plaintiff in the judgment for the proceeds of the sale. 12-1561. Judgment creditor having prior lien If a party recovering judgment has a lien on any property by mortgage or otherwise, or by levy of any writ of attachment or garnishment, no further levy upon such property is necessary, and it may be sold without further levy. 12-1562. Duties of officer in execution; disposition of proceeds; rights of judgment debtor A. An officer shall execute a general execution against the property of a judgment debtor by levying on a sufficient amount of property, if there is a sufficient amount of such property, and collecting or selling the things in action and selling the other property and paying to the judgment creditor or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and costs shall be returned to the judgment debtor unless otherwise directed by an order of the court. B. A judgment debtor may point out to the levying officer the property he desires to be levied on, and if the officer deems it sufficient to satisfy the execution, he shall make levy on no other property. C. An officer shall execute the special execution by selling the property directed to be sold, or delivering the property directed to be delivered, as directed in the judgment, and by enforcing the collection of damages and costs as in a general execution. 12-1563. Impeding recovery by action or judgment of personal property; classification A person against whom an action is pending or against whom a judgment has been rendered for the recovery of personal property who knowingly conceals, sells or disposes of such property with intent to hinder or delay execution of the judgment, or with like intent removes the property from the county in which it is located at the time of the commencement of the action or the rendition of judgment, is guilty of a class 6 felony. 12-1564. Indemnification of officer for levy; recovery of costs If there is a reasonable doubt about the equity interest of a judgment debtor in any property or the liability for the seizure of the property on execution, the officer may require sufficient security from the judgment creditor to indemnify the officer. If security is not provided, the officer is not liable for failing to levy on the property. If the judgment creditor deposits sufficient security to indemnify the officer taking the property, he shall recover from the judgment debtor, together with the costs of the execution, the reasonable costs of the indemnity deposited. 12-1565. Storage of levied property; costs A. After the officer has completed his levy on the personal property of the judgment debtor, the officer shall secure the property until it is sold. The officer may store the property in a facility operated by the county for this purpose or in a private facility selected by the judgment creditor or the officer or both. B. The judgment creditor is responsible for paying all costs incurred in transporting and storing the levied property. If the judgment creditor refuses or fails to pay any costs associated with the levy of the property, the officer is not liable for failing to execute the process. The costs incurred by the judgment creditor shall be added to the amount due on the execution and are a part of the execution for the purposes of this article. 12-1566. Execution upon judgments for debts secured by real property; fair market value; hearing; redemption rights; guarantees; applicability A. This section applies to execution upon real property under a judgment obtained pursuant to section 33-725 or obtained pursuant to section 33-814 or obtained against a guarantor or any other person directly, indirectly or contingently liable on a debt for which a judgment under section 33-725 or 33-814 may be obtained. B. Any sale of real property under this section shall be a credit on the amount of the judgment in the amount of either the fair market value of the real property determined under subsection C of this section or the sales price of the real property at a sheriff's sale, whichever is greater. C. Any judgment debtor against whom a judgment has been entered pursuant to section 33-725 or 33-814 may, not later than thirty days after sale of the real property, file a written application with the court for determination of the fair market value of the real property which has been sold. Notice of filing the application and of the hearing shall be given to all parties to the action. The fair market value shall be determined by the court at a priority hearing which shall be held upon such evidence as the court may allow. The court shall issue an order crediting the amount due on the judgment with the greater of the sales price or the fair market value of the real property. Fair market value shall mean the most probable price, as of the date of the execution sale, in cash, or in terms equivalent to cash, or in other precisely revealed terms, after deduction of prior liens and encumbrances with interest to the date of sale, for which the real property or interest therein would sell after reasonable exposure in the market under conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably and for self-interest, and assuming that neither is under duress. If an application has been filed, there shall be no right to redemption as to the real property sold as provided in sections 12-1281, 12-1282 and 12-1283, except creditors having a junior lien to the lien foreclosed may redeem by five day successive periods as provided in section 12-1282, subsection C, commencing sixty days after the sale of the real property. The redemption price shall be calculated on the sales price of the real property. D. Except when the primary residence has been given as security pursuant to a mortgage or deed of trust, no primary residence occupied by a judgment debtor covered by subsection A of this section may be sold under execution until all other sales under execution of real property of the judgment debtor in this state have been held and, if timely requested, the hearing pursuant to subsection C of this section has been held. The judgment debtor, within thirty days after entry of judgment, may file with the court a certified list and legal description of the debtor's real property within thirty days after entry of the judgment. This subsection shall not apply to any real property which the judgment holder does not have actual knowledge of at the time of entry of judgment or real property not listed on a certified list filed by the judgment debtor. This subsection shall not require the judgment holder to sell real property which the judgment holder has released from the judgment lien. E. The obligation of a guarantor may be enforced without regard to this section in accordance with the terms and conditions of the contract between the lender and the guarantor in an action independent of any other action or judgment. A guarantor of the debt or any other person directly, indirectly or contingently liable for the debt who is not a judgment debtor in an action for foreclosure of a mortgage or deed of trust or an action for deficiency judgment shall receive the same credit as the judgment debtor receives pursuant to this section or section 33-814. F. This section shall not abate, suspend or bar the right of the holder of a debt secured by real property to abandon and release the lien on the real property which secures the debt and proceed against any borrower or guarantor. Abandonment and release shall be evidenced by a recorded release of the lien. G. This section shall not abate, suspend or bar any action of the holder of the judgment to realize upon or satisfy the judgment from personal property of a judgment debtor or guarantor or any other person directly, indirectly or contingently liable for the debt. H. The sheriff's deed given pursuant to a sale held under execution or a trustee's deed upon sale under power of sale shall constitute conclusive evidence of the meeting of such requirements in favor of purchasers or encumbrancers for value and without actual notice that any requirements of this section have not been met. I. For the purposes of subsection D of this section: 1. "Primary residence" means a real property of two and one-half acres or less which is limited to and utilized for either a single one-family or a single two-family dwelling. 2. "Real property of the judgment debtor" means only real property or an interest therein of the judgment debtor at the time of entry of judgment. 12-1567. Satisfaction of judgment; superior court; filing procedures; hearing; bond A. The prevailing party shall file a satisfaction of judgment in the superior court within forty days after a judgment has been paid in full. B. If the prevailing party fails to file a satisfaction of judgment or cannot be located after the opposing party has exercised due diligence in attempting to locate the prevailing party, the opposing party may file a motion to compel satisfaction of the judgment. The opposing party shall include with the motion to compel satisfaction of the judgment an affidavit that evidences proof of payment and, if necessary, the due diligence that was performed in attempting to locate the prevailing party. If the motion is granted, the judgment is deemed satisfied. C. A judge may hold a hearing on the motion to compel satisfaction of the judgment. D. A judge may compel the moving party to post a bond with the court in the amount of the judgment. E. Notwithstanding subsections B and C of this section, if a tenant files a motion to compel satisfaction of the judgment against a landlord following an eviction action and the landlord fails to respond to the motion to compel satisfaction of the judgment within fifteen days after the motion is filed, all of the following apply: 1. The fee for filing a motion to compel satisfaction of the judgment is waived. 2. The judge may not hold a hearing on the motion to compel satisfaction of the judgment. 3. The judgment is deemed satisfied if the tenant submits proof of payment. 4. The judge may issue an order sealing all records related to the eviction action pursuant to section 33-1379. 12-1570. Definitions In this article, unless the context otherwise requires: 1. "Deliver" means any of the following: (a) To hand deliver. (b) To mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipient in a timely manner. (c) To serve on a party pursuant to the rules of civil procedure applicable to a summons. 2. "Exempt monies or property" means monies or property that, pursuant to a state or federal law, is not subject to judicial process, including execution, attachment, garnishment, replevin, sale or any final process issued from any court or any other judicial remedy provided for the collection of debts. 3. "Good faith" means honesty in fact in the conduct or transaction concerned. 4. "Judgment creditor" means a person or entity that has a money judgment or an order for support of a person that is due and unpaid or an order pursuant to chapter 14 of this title allowing him to garnish monies, personal property or shares of stock before final judgment on the underlying action. 5. "Judgment debtor" means a person or entity against which a money judgment has been awarded or against which an order for support of a person is due and unpaid or against which an order pursuant to chapter 14 of this title has been entered. 6. "Monies" includes cash, credit and accounts, but does not include earnings as defined in section 12-1598, paragraph 4. 7. "Nonexempt monies or property" means monies or property which are not restricted by law from judicial process. 8. "Personal property" means all property and interests to which a security interest may be perfected pursuant to title 47, chapter 9, except accounts. 9. "Receipt" means actually received. 12-1570.01. Scope of article A. The provisions of this article are applicable to garnishments of any of the following: 1. Indebtedness owed to a judgment debtor by a garnishee for monies which are not earnings as defined in section 12-1598, paragraph 4. 2. Monies held by a garnishee on behalf of a judgment debtor. 3. Personal property of a judgment debtor that is in the possession of a garnishee. 4. Shares and securities of a corporation or a proprietary interest in a corporation belonging to a judgment debtor, if the garnishee is a corporation. B. The provisions of this article are not applicable to indebtedness owed to a judgment debtor by a garnishee for monies which are earnings as defined in section 12-1598, paragraph 4. 12-1571. Issuance of writ A. The clerk of the court or justice of the peace shall issue writs of garnishment, returnable to their respective courts, upon the filing of the application required by section 12-1572 and the bond required by section 12-1573. B. City and town magistrates may issue writs of garnishment, which are returnable to their respective courts, for nonpayment of any monies payable to the court including but not limited to bonds, fines, fees, sanctions, penalties, surcharges, assessments and restitution imposed in their courts on the filing of the application required by section 12-1572 and the bond required by section 12-1573. A political subdivision or court is considered a judgment creditor for purposes of garnishment. C. The writ may issue to the judgment creditor as garnishee for property of the judgment debtor in possession of the judgment creditor or a third party. 12-1572. Application for writ of garnishment for monies or property A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person on the judgment creditor's behalf makes an application in writing. The application shall contain the following: 1. A statement that the applicant is a judgment creditor. 2. A statement that the applicant has good reason to believe one of the following: (a) That the garnishee is indebted to the judgment debtor for monies that are not earnings. (b) That the garnishee is holding nonexempt monies on behalf of the judgment debtor. (c) That the garnishee has in the garnishee's possession nonexempt personal property belonging to the judgment debtor. (d) That the garnishee is a corporation and the judgment debtor is the owner of shares in the corporation, or has a proprietary interest in the corporation. 3. The amount of the outstanding balance due on the underlying judgment, together with interest, accrued attorney fees, including fees for the garnishment, if allowed by the judgment or contract and accrued allowable costs, on the date the application is made, and the rate at which interest accrues on that judgment, or if no judgment has been entered, the amount of money damages requested in the judgment creditor's complaint. 4. The address of the garnishee. 12-1573. Bond amount and conditions If a garnishment is requested and no judgment has been entered, a writ shall not be issued until the judgment creditor executes and delivers to the court a bond payable to the judgment debtor in the amount of the debt claimed therein, conditioned that the judgment creditor will prosecute the action to effect and if return of the property is ordered he will, without delay, return the property together with reasonable interest, damages resulting from its taking and detention, costs and reasonable attorney fees in the action to the judgment debtor. 12-1574. Issuance, service and return of writ; notice to debtor A. When the judgment creditor has complied with the applicable provisions of sections 12-1572 and 12-1573, the clerk, justice of the peace or city or town magistrate shall issue a writ of garnishment of monies or property and a summons commanding the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the writ. B. The writ shall state: 1. The amount of the outstanding balance due on the judgment, including accrued attorney fees, interest and allowable costs, as of the date of the issuance of the writ, and the rate at which interest accrues on that judgment. 2. The name and address of the garnishee or the garnishee's authorized agent. 3. The name and address of the judgment creditor and the judgment creditor's attorney, if applicable. 4. The last mailing address of the judgment debtor known to the judgment creditor. C. The judgment creditor, in the manner required for a summons by rules of the court in civil matters or by certified mail, return receipt requested, shall serve on the garnishee two copies of the summons and writ of garnishment, a copy of the underlying judgment, four copies of the answer form, two copies of the notice to judgment debtor and request for hearing form and one copy of the instructions to garnishee provided for in section 12-1596. If served by certified mail, the effective date of service is the date of receipt by the garnishee. D. Within three days, not including weekends and holidays, the garnishee shall deliver to the judgment debtor a copy of the summons and writ of garnishment, a copy of the underlying judgment and the notice to judgment debtor and request for hearing form. 12-1577. Service of writ on branch of financial institution A. Monies owing to a judgment debtor by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, maintaining branch offices, or credits or other effects belonging to a judgment debtor and in the possession of or under the control of the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, may be levied on by serving a copy of the writ of garnishment on the manager or other officer of the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, at any office or branch where service is made. No garnishment shall be effective as to any debt owing by the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, if the account evidencing the indebtedness is carried at an office or branch other than the office or branch named in the writ and at which service is made or as to any credits or other effects in its possession or under its control at any other office or branch, unless the service of the writ is accompanied by a cash tender of $25 to the garnishee as costs for the search. On the payment of the search fee the writ shall be effective as to any debt owing by the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company. B. Notwithstanding subsection A of this section, service of a writ of garnishment on any banking corporation or association, savings bank, savings and loan association or credit union may also be made by certified mail, return receipt requested, at the garnishee's regular place of business, or to the garnishee's statutory agent or at a location that is designated by the garnishee. If served by certified mail, the effective date of service is the date of receipt by the garnishee or the garnishee's statutory agent. 12-1578. Limitations on transfers by garnishee after service; replevin by judgment debtor A. From and after the service of all of the documents required to be served pursuant to section 12-1574 the garnishee shall not pay to the judgment debtor any monies or deliver to him any personal property which is not exempt, and the garnishee, if a corporation in which the judgment debtor is alleged to be the owner of shares or to have an interest, shall not permit or recognize any sale or transfer of the judgment debtor's shares or interest, if it is within the legal power of the garnishee to do so. Any such payment, delivery, sale or transfer is void and of no effect as to so much of the monies, personal property, shares or interest as is necessary to satisfy the judgment creditor's demand, except that this provision shall not void or impair the rights of a bona fide transferee, for value and without notice of the garnishment, of negotiable instruments, documents of title, corporate stock or securities, or other documents or instruments which embody legal rights transferable only by transfer of the documents or instruments themselves, unless the document or instrument is held by the garnishee at the time of service of the writ of garnishment. B. A financial institution shall not withhold from the judgment debtor the amount set forth as exempt pursuant to section 33-1126, subsection A, paragraph 9, unless ordered by the court to do so after a hearing pursuant to section 12-1580. C. The judgment debtor may at any time before judgment replevy any property garnished by giving bond to be approved and filed in the action by the officer who issued the writ of garnishment, in double the amount of the judgment creditor's debt, or, at the judgment debtor's option, by giving bond for the value of the property garnished as determined by the court, justice of the peace or city or town magistrate, and conditioned upon the payment of any judgment that may be given against the garnishee in the action or for payment of the value of the property garnished. D. When the judgment debtor gives bond, he may make any defense which the garnishee could make in such action. E. If judgment is given in favor of the judgment creditor it shall be against the judgment debtor and the sureties on the replevin bond for the amount of such judgment. 12-1578.01. Time for answer The writ, whether issued in the superior court, the justice court or the municipal court, shall require the garnishee to answer within ten days after being served with the writ. 12-1579. Answer of garnishee A. The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ. If a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to each judgment debtor named in the writ. B. The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation by an attorney. C. At the time of filing the answer, the garnishee shall deliver a copy of the answer to the judgment debtor and the judgment creditor or the judgment creditor's attorney, if applicable. D. The answer of the garnishee shall set forth the following: 1. Whether the garnishee was indebted to or otherwise in possession of monies of the judgment debtor at the time the writ was served. 2. The total amount of indebtedness or monies in possession of the garnishee at the time the writ was served. 3. The amount of indebtedness or monies withheld by the garnishee pursuant to the writ. 4. The amount of indebtedness or monies not withheld by the garnishee, and the reason for not withholding. 5. Whether the garnishee was in possession of personal property of the judgment debtor at the time the writ was served. 6. A description of each item, or group of items, of personal property of the judgment debtor in the garnishee's possession at the time the writ was served. 7. A list of the personal property withheld by the garnishee pursuant to the writ. 8. What other person or entity, within his knowledge, is indebted to the judgment debtor or in possession of personal property of the judgment debtor. 9. Whether the garnishee is a corporation in which the judgment debtor owns shares of stock or some other interest. 10. A statement of the number and types of shares owned by the judgment debtor and a description of any other interest the judgment debtor owns in the garnishee corporation as of the date the writ was served, as shown on the corporation's records. 11. The name, address and telephone number of the garnishee. 12. The date and manner of delivery to the judgment debtor of a copy of the writ and the notice to judgment debtor. 13. The date and manner of delivery of a copy of the answer to the judgment creditor and judgment debtor. 12-1580. Objection to garnishment or answer; hearing A. A party who has an objection to the writ of garnishment, the answer of the garnishee or the amount held by the garnishee or a party claiming an exemption from garnishment, not later than ten days after the receipt of the answer, may file a written objection and request for hearing. Copies of the objection shall be delivered to all parties to the writ at the time of filing the request for hearing form. B. The hearing on an objection to the writ, answer or amount on a claim of exemption shall be commenced within five days af