A.R.S. tit. 33 ch. 7 — Arizona Revised Statutes Title 33 Chapter 7 — Liens

33-901. Lien for furnishing labor or machinery upon agricultural land A person who labors or furnishes labor or machinery or equipment in improving and preparing agricultural lands for planting crops, and to whom wages or monies are due and owing therefor, shall have a lien upon the crops produced on such lands for all unpaid amounts. 33-902. Procedure to claim lien; foreclosure A. A person claiming a lien under this article, within ten days after the labor is performed or the use of the machinery and equipment is terminated, shall record in the office of the county recorder of the county in which the land is located a claim substantially in the form and containing the information prescribed by section 33-993 so far as applicable, and verified as provided therein. B. The lien may be foreclosed by civil action. 33-903. Nonliability of vendee of crops upon lien for farm services; demand of statement from vendor; refusal to make or making of erroneous statement by vendor; classification If farm products are removed from the premises upon which grown, and sold to a shipper, wholesale dealer or manufacturer upon the open market in the ordinary course of trade before the filing of a lien provided for in this article, the shipper, wholesale dealer or manufacturer shall not be liable for any such lien unless notice has been given him of persons claiming the lien. The shipper, wholesale dealer or manufacturer shall demand a written statement, under oath, from the vendor, giving the names of and amounts due to persons entitled to liens under this article. A vendor who knowingly fails to make the statement when demanded or who knowingly makes a false or misleading statement is guilty of a class 2 misdemeanor, and, in addition to the penalty prescribed in section 33-906, shall be liable to any person thus deprived of his lien for double the full amount thereof, and for reasonable attorney's fees if an action is instituted to recover the amount due. 33-904. Duration of lien A lien provided for in this article is not impressed upon a crop for a longer period than six calendar months after the claim is filed, unless a civil action is commenced within that time to foreclose the lien. 33-905. Demand by lien holder for enforcement of lien against whole or part of property covered A person who brings a civil action to enforce a lien provided for in this article, or any person having a lien who is made a party to such civil action, may demand that his lien be enforced against the whole or any part of the crop. 33-906. Joinder of actions; costs Any number of persons claiming liens against the same property under this article may join in the same action, and when separate actions are commenced, the court may consolidate them. The court shall, as part of the costs, allow the fees paid for filing and recording the claim and a reasonable attorney's fee for each claimant who is a party to the action. 33-907. Enforcement of judgment In a civil action filed pursuant to this article, the judgment shall be given in favor of each person having a lien for the amount due him. The court shall order any property subject to the lien sold, either before or at the time judgment is given, by the sheriff as personal property is sold on execution, and shall apportion the proceeds of the sale for payment of the pro rata share of each judgment. 33-908. Additional remedies This article shall not be construed to impair or affect the right of any person to whom a debt is due for work done or material furnished to maintain an independent action to recover the debt against the person liable therefor. 33-909. Release of farm services lien When any lien established by the provisions of this article has been satisfied, the lienholder shall, within thirty days after satisfaction, issue a release of the lien to the person against whom the lien was claimed. Such release shall be a document in a form as specified in section 11-480. Failure to grant such a release shall be subject to the penalties prescribed by section 33-712. 33-931. Lien of health care provider on damages recovered by injured person receiving services; hospital priority; enforcement A. Every individual, partnership, firm, association, corporation or institution or any governmental unit that maintains and operates a health care institution or provides health care services in this state and that has been duly licensed by this state, or any political subdivision or private entity with ambulances operated, licensed or registered pursuant to title 36, chapter 21.1, is entitled to a lien for the care and treatment or transportation of an injured person as prescribed by subsection E of this section. The lien shall be for the claimant's customary charges for care and treatment or transportation of an injured person. A lien pursuant to this section extends to all claims of liability or indemnity, except health insurance and medical payments coverage and underinsured motorist and uninsured motorist coverage as defined in section 20-259.01, for damages accruing to the person to whom the services are rendered, or to that person's legal representative, on account of the injuries that gave rise to the claims and that required the services. B. If a county maintains, operates or provides health care services, the county is entitled to an assignment by operation of law for the care and treatment or transportation of an injured person as prescribed by subsection E of this section. The assignment shall be for the claimant's customary charges for care and treatment or transportation of an injured person. An assignment pursuant to this section extends to any claims of liability or indemnity, except health insurance and medical payments coverage and underinsured motorist and uninsured motorist coverage as defined in section 20-259.01, for damages accruing to the person to whom the services are rendered, or to that person's legal representative, on account of injuries that gave rise to the claims and that required the services. C. The lien entitlements authorized by subsection A of this section and the assignment authorized by subsection B of this section are applicable to all customary charges by hospitals or ambulances of political subdivisions, but are restricted to customary charges in excess of $250 by all other providers and privately owned ambulance companies excluding interest and service charges. D. Liens perfected pursuant to this article by a hospital have priority for payment over all other liens authorized by this article. E. The liens and assignments authorized by this section are enforceable by a cause of action prescribed by section 33-934 and are subject to the following: 1. One-third of any third-party judgment, settlement or award is exempt from any lien or assignment authorized by this section. 2. If the injured person is covered as an insured or dependent under a health insurance or similar medical benefit plan and the health care provider has a valid and binding contract with that insurer or plan as an in-network provider, the contract must expressly allow the health care provider to assert a lien or assignment that is authorized by this section. In the absence of that contract provision, the lien or assignment is invalid and may not be enforced by a cause of action prescribed by section 33-934 except as allowed under paragraph 3 or 4 of this subsection. 3. Paragraphs 1 and 2 of this subsection do not apply if any of the following exceptions are met: (a) The services provided are not covered by the injured person's health insurance or similar medical benefit plan. (b) The health care provider does not have a valid and binding contract with the insurer or plan as an in-network provider. (c) The injured person is not covered by any health insurance or any similar medical benefit plan. (d) The injured person and the health care provider have a written and signed document stating that they elect not to use any coverage potentially available under a health insurance or similar medical benefit plan that covers the injured as an insured or dependent. 4. Notwithstanding paragraphs 1, 2, and 3 of this subsection, a health care provider may enforce a lien or assignment authorized by this section by a cause of action prescribed by section 33-934 for all amounts for which a patient is personally responsible, including outstanding coinsurance amounts, copayments and deductibles that are due under the injured person's or dependent's health insurance or similar medical benefit plan. 5. Any valid and enforceable lien or assignment authorized by this section shall be compromised pursuant to the criteria prescribed by section 33-937. 6. Any valid and enforceable lien or assignment authorized by this section shall be subordinate to any lien with higher priority. F. This section does not affect the rights of a health care provider to enforce a consensual agreement, whether called a lien or contract, against the patient who has signed the agreement. 33-932. Perfecting lien; statement of claim; recording; effect A. In order to perfect a lien granted by section 33-931, the executive officer, licensed health care provider or agent of a health care provider shall record, before or within thirty days after the patient has received any services relating to the injuries, except a hospital which shall record within thirty days after the patient is discharged, in the office of the recorder in the county in which the health care provider is located a verified statement in writing setting forth all of the following: 1. The name and address of the patient as they appear on the records of the health care provider. 2. The name and location of the health care provider. 3. The name and address of the executive officer or agent of the health care provider, if any. 4. The dates or range of dates of services received by the patient from the health care provider. 5. The amount claimed due for health care. 6. For health care providers other than hospitals or ambulance services, to the best of the claimant's knowledge, the names and addresses of all persons, firms or corporations and their insurance carriers claimed by the injured person or the injured person's representative to be liable for damages arising from the injuries for which the person received health care. B. The verified statement shall also include the amount claimed due as of the date of recording of the claim or lien and a statement regarding whether the patient's treatment has been terminated or will be continued. Amounts incurred during the continued period are also subject to the lien. C. The claimant shall also mail, by first class mail within five days after recording the claim or lien, a copy of the claim or lien to the injured person. For health care providers other than hospitals or ambulance services the claimant shall also mail a copy to all persons, firms or corporations and their insurance carriers claimed by the injured person or the injured person's representative to be liable for damages arising from the injuries for which the person received health care. If a health care provider other than a hospital or ambulance service does not record the claim, lien or assignment as provided in this section, the claim, lien or assignment is invalid and may not be enforced by the cause of action provided in section 33-934. If a hospital records such a claim or lien, the recording shall be notice to all persons, firms or corporations liable for damages, whether or not they are named in the claim or lien. D. A hospital or ambulance service lien that is not recorded within the time prescribed by this section is effective against any settlement or judgment for damages if the lien is recorded thirty days before the settlement is agreed to or the judgment is paid except if the lien is recorded in a county where liens are accessible on the internet, the lien is effective if the lien is accessible on the internet thirty days or more before the settlement is agreed to or the judgment is paid. If the lien is not recorded or is not accessible on the internet as provided in this section, the lien is invalid and may not be enforced by the cause of action provided in section 33-934. 33-933. Recording and indexing lien claim The recorder shall endorse upon a claim recorded as provided by section 33-932 the date and hour of reception, and such facts as are necessary to indicate that it has been recorded. 33-934. Release of claim by injured person ineffective as to lienholder; action to enforce lien A. A release of claims on which a lien or assignment is given by section 33-931 or of any judgment on that claim is not valid or effectual against the lien or assignment unless the lienholder or assignee joins in the release or executes a release of the lien or assignment. If any amount has been or is to be collected by the injured person or that person's legal representative from or on account of the person, firm or corporation liable for damages by reason of a judgment, settlement or compromise, the claimant or assignee of the lien or assignment may enforce the lien or assignment by action against the person, firm or corporation that is liable for damages, or against any insurer or other person, firm or corporation that is responsible for paying all or part of the damages. B. An action pursuant to this section shall be commenced and tried in the county in which the lien or assignment is filed, unless ordered by the court to be removed to another county for cause. The court may allow reasonable attorney fees and disbursements to the prevailing party. The action shall be commenced within two years after the entry of the judgment or the making of the settlement or compromise. In an action to enforce a lien or assignment, the lienholder or assignee may not recover more than the amount of the lien or assignment nor may it recover more against a defendant in the lien action than that defendant is obligated to pay under judgment or settlement. The defendant in the lien or assignment action cannot raise as a defense in that action that it is not liable for the amount it is obligated to pay under the judgment or settlement except that it may dispute the amount of the lien on the grounds that the charges giving rise to the lien are erroneous or exceed the customary charges, or that the care, treatment or transportation giving rise to the charges was not medically necessary or causally related to the event giving rise to the claim to which the lien or assignment extends. C. This section does not create any rights or causes of action on behalf of the lienholder other than are provided for in this section. 33-935. Workers' compensation cases exempted The provisions of this article are not applicable to accidents or injuries within the purview of the workers' compensation law of this state. 33-936. Release of hospital lien; liability If any lien or assignment established by this article has been satisfied, within thirty days after satisfaction the lienholder or assignee shall issue a release of the lien or assignment to the person against whom the lien or assignment was claimed. The release shall be a document in a form as specified in section 11-480. A lienholder or assignee that fails to grant a release is subject to liability in the amount of one hundred dollars and also to liability for actual damages. 33-937. Limitation of lien or assignment; compromise; cause of action; attorney fees A. All interested parties, including the health care provider, patient and patient's attorney, shall compromise any lien or assignment granted pursuant to section 33-931 and the amounts owed pursuant to any such lien or assignment to provide a settlement of the claim that is fair and equitable to all parties. B. In determining the extent of the compromise required by subsection A of this section, the health care provider shall consider the following factors: 1. The nature and extent of the patient's injury or illness. 2. The sufficiency of liability insurance or other sources of indemnity available to the patient from the tortfeasor or the tortfeasor's insurer. The potential availability of health insurance or a similar medical benefit plan that covers the patient as an insured or dependent may not be considered as a factor in any compromise, if the patient and the health care provider have agreed not to use that health insurance or similar medical benefit plan coverage. 3. Whether the health care provider, the hospital or an assignee has received any payment reducing the patient's financial obligation to pay the lien balance. 4. The nature and complexity of the services rendered by the health care provider to the patient. 5. The health care provider's customary charges for the services rendered to the patient. 6. The total amount of the third-party judgment, settlement or award. 7. Other valid liens made pursuant to section 33-931 that are attached to any third-party judgment, settlement or award and the priority position of the liens. 8. The patient's attorney fees and costs. 9. Any reductions agreed to by any other claimants to the total amount of the third-party judgment, settlement or award. 10. Other valid claims against the third-party judgment, settlement or award, including health insurance reimbursement and subrogation claims. 11. Any other factor relevant to a fair and equitable settlement under the circumstances of that particular case. C. On request of the health care provider, the patient shall provide a proposed distribution of the settlement monies that contains a complete listing of how the monies would be distributed among all parties along with a statement of the monies that the patient would receive if the liens are compromised. D. If the interested parties cannot agree on a compromise of a lien or assignment as prescribed by this section, an action may be filed for a judicial determination of an appropriate compromise of the lien or assignment based on the factors prescribed by this section. The action may be filed by the injured person whose care, treatment or transportation is subject to a lien or assignment pursuant to section 33-931, the health care provider or assignee, or the person, firm or corporation liable for damages, or any insurer or other person, firm or corporation that is responsible for paying all or part of the damages. In any action brought pursuant to this section, the prevailing party may not recover attorney fees authorized by section 33-934. 33-951. Lien on baggage and property of guests Hotel, inn, boarding house, lodging house, apartment house and auto camp keepers shall have a lien upon the baggage and other property of their guests, boarders or lodgers, brought therein by their guests, boarders or lodgers, for charges due for accommodation, board, lodging or room rent and things furnished at the request of such guests, boarders or lodgers, with the right to possession of the baggage or other property until the charges are paid. 33-952. Sale of property; notice A. When baggage or other property comes into the possession of a person entitled to a lien as provided by section 33-951 and remains unclaimed, or the charges remain unpaid for a period of four months, the person may proceed to sell the baggage or property at public auction, and from the proceeds retain the charges, storage and expense of advertising the sale. B. The sale shall not be made until the expiration of four weeks from the first publication of notice of the sale, published in a newspaper once a week for four consecutive weeks. The notice shall contain a description of each piece of property, the name of the owner, if known, the name of the person holding the property, and the time and place of sale. If the indebtedness does not exceed sixty dollars, the notice may be given by posting at not less than three public places located at the place where the hotel, inn, boarding house, lodging house, apartment house or auto camp is located. C. Any balance from the sale not claimed by the rightful owner within one month from the day of the sale shall be paid into the treasury of the county in which the sale took place, and if not claimed by the owner within one year thereafter, the money shall be paid into the general fund of the county. 33-961. Recording judgments for payment of money; certified copy; perfecting lien; information statement; exemption; retroactive applicability A. 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. On recording in substantial compliance with both the requirements of this section and the requirements of section 33-967 regarding an information statement, the judgment becomes a lien on the real property of the judgment debtor, including any part of the real property of the judgment debtor as otherwise provided by law. Failure to substantially comply with this section and section 33-967, results in the judgment not becoming a lien. The certified copy of the judgment shall set forth the: 1. Title of the court and the action and number of the action. 2. Date of entry of the judgment and the docket record for the judgment. 3. Names of the judgment debtor and judgment creditor. 4. Amount of the judgment. 5. Attorney of record for the judgment creditor. B. The clerk shall furnish a certified copy of any judgment of that court on request and payment of the fee prescribed by law. C. A judgment or decree or any renewal that requires payment of money shall also be accompanied by an information statement as prescribed by section 33-967. D. Notwithstanding subsections A and C of this section, a civil judgment in favor of this state is exempt from the requirement to record an information statement as prescribed in section 33-967 and becomes a lien on the real property of the judgment debtor when it is recorded in the office of the county recorder. This subsection applies retroactively to all judgments in favor of this state without regard to when the judgment was recorded. 33-962. Procedure for filing judgment of justice or municipal court; recording; lien A. A judgment of a justice or municipal court may be prepared for recording using either of the following procedures: 1. The clerk of the superior court, on presentation of a certified transcript of a judgment for more than fifteen dollars, exclusive of costs, given by a justice or municipal court, shall forthwith file the judgment. From the time of filing the transcript of the judgment, that judgment shall be deemed the judgment of the superior court, shall be in the control of the superior court and shall be carried into execution in the same manner and with like effect as a judgment of the superior court. 2. The clerk of a justice court or municipal court shall issue a certified copy of any judgment of that court on request and payment of the fee prescribed by law. On issuance of the certified copy of the justice court or municipal court judgment, the certified copy of the judgment may be recorded and may be executed in the same manner and with like effect as a judgment of the superior court. B. Any judgment must be recorded in the manner provided in section 33-961 before it becomes a lien on or in any manner affects or encumbers the real property of the judgment debtor or any part of the real property of the judgment debtor. 33-963. Procedure for recording judgment of federal court; lien An abstract of a judgment given by any court of record of the United States within this state shall be recorded in the manner provided in section 33-961 and in compliance with section 33-967, if applicable, before the judgment becomes a lien upon, or in any manner affects or encumbers, the real property of the judgment debtor, or any part thereof. 33-964. Lien of judgment; duration; homestead; partial release of judgment lien; acknowledgment of satisfaction by judgment creditor; applicability; definition A. 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 then owned by the judgment debtor or is later acquired. A civil judgment lien obtained by this state and a judgment lien for support, as defined in section 25-500, remain in effect until satisfied or lifted. B. On the sale of homestead property that is subject to a judgment lien, the judgment creditor shall be paid from the proceeds of the sale after the homestead exemption amount is paid to the judgment debtor as prescribed in section 33-1101 and after payment of any liens on the property that have priority over the judgment lien. After deducting from the proceeds of the sale the amount of any consensual liens and the reasonable costs of sale, if the anticipated payment to the judgment debtor is less than eighty percent of the amount of the homestead exemption prescribed by section 33-1101, a title insurer or its duly appointed attorney in fact may record a notice of partial release of judgment without prior notice to judgment creditors. If the anticipated payment to the judgment debtor is eighty percent of the amount of the homestead exemption prescribed by section 33-1101, the judgment creditor's lien on the homestead property is extinguished on compliance with the following: 1. At least twenty days before the sale is final, a title insurer mails to the judgment creditor by certified mail, postage prepaid, return receipt requested, a notice that the judgment lien appears reasonably likely to be extinguished as prescribed by this subsection. The notice must contain all of the following: (a) The judgment creditor's name. (b) The name of the current record owner of the real property. (c) The street address for the property. (d) The recording reference for the judgment. (e) The expected sale date on which title to the real property will transfer to the buyer. (f) The title insurer's basis for determining that the homestead exemption prescribed by section 33-1101 applies to the property being sold. (g) The information used in, the basis for and the date of calculating the amount of equity in the real property. (h) The name of every lienholder to be paid at the sale of the real property. (i) The amount paid to each lienholder at the sale of the real property. (j) The title insurer's basis for determining that the prior lienholder should be paid before the judgment creditor. 2. The title insurer shall amend the notice prescribed by paragraph 1 of this subsection if the anticipated payment to the judgment debtor increases by more than $10,000. 3. If the judgment creditor has good cause to believe that the judgment lien should not be extinguished, the judgment creditor may object to the title insurer's notice within twenty days after the date the notice is mailed. If the title insurer receives an objection from the judgment creditor within the twenty-day period stating that the judgment lien should not be extinguished, the title insurer may not record the partial release of the judgment lien. If a court later determines that the judgment creditor's objection is without good cause, the prevailing party in that action is entitled to a court order extinguishing the judgment lien on the homestead property and an award of actual damages, court costs and attorney fees and any other remedy provided by law. 4. If the title insurer does not receive an objection from the judgment creditor before the twenty-day period expires, the title insurer may prepare, sign and record a notice of partial release of the judgment lien. The notice of partial release of the judgment lien must specify the real property that is no longer subject to the judgment lien and cite this subsection of statute. The person signing the notice of partial release of the judgment lien must be the title insurer's authorized agent. 5. The title insurer may charge a reasonable fee to the owner of the real property or any other person who requests a notice of partial release of the judgment lien under this subsection for services rendered, including title search, document preparation, official fees and mailing costs. 6. A recorded notice of partial release of the judgment lien is conclusive evidence that the judgment lien on the specified property is extinguished in favor of purchasers and encumbrancers for value. The notice of partial release of the judgment lien does not affect a judgment lien on any other real property. 7. Compliance with this subsection is not presumed, excused, released or altered by a recorded notice of partial release of a judgment lien. 8. In addition to any other remedy provided by law, a title insurer that prepares or records the notice of partial release of the judgment lien under this subsection is liable to any party for the actual damages, including attorney fees and court costs, that are caused by wrongfully recording the notice of partial release of the judgment lien. 9. A judgment creditor may waive the notice requirement prescribed in paragraph 1 of this subsection if the waiver is in writing and signed by the judgment creditor's authorized agent. C. If the judgment debtor receives cash proceeds from refinancing the homestead property that is subject to a judgment lien, the judgment creditor must be paid in full from those proceeds before the judgment debtor or other person receives any proceeds, except that monies used to pay direct costs associated with the refinance or to satisfy liens with priority over a judgment lien on a homestead property do not constitute cash proceeds. In subsequent refinance transactions on the homestead property that is subject to a judgment lien, the judgment lien is subordinated by operation of law to the new lender's interest in the homestead property. A notice of subordination may be recorded by any person who is a party to that refinance. D. Any person who records a notice, including a notice of release of a judgment lien as prescribed by this section, shall mail a copy of the recorded notice to the judgment creditor whose judgment lien is affected by that recorded document. E. A judgment of the justice court, municipal court, superior court or United States court that has become a lien under this article, immediately on the payment or satisfaction of the judgment, shall be discharged of record by the judgment creditor or the judgment creditor's attorney by recording a satisfaction of judgment with the county recorder of the county in which the judgment is recorded. The judgment creditor or the judgment creditor’s attorney shall enter a notation of satisfaction on the docket of the clerk of the superior court of each county in which the judgment has been entered or docketed, and in a like manner enter a notation of satisfaction on the docket of the clerk of the United States district court. F. In a title IV-D case, if the title IV-D agency or its agent is listed as the holder of the lien and the judgment has been satisfied but the obligee is unwilling to sign the release of the lien or, after reasonable efforts, cannot be located to sign the release of the lien, the title IV-D agency or its agent may sign the satisfaction of judgment and release of lien without the signature of the obligee. The title IV-D agency or its agent shall send a copy by first class mail to the last known address of the obligee. G. For any sale, transfer or refinance of a judgment debtor's homestead property that is completed before January 1, 2022, a judgment lien does not attach to the homestead property. A judgment lien is not created on the judgment debtor's homestead property if either: 1. A court of competent jurisdiction, including the United States bankruptcy court, has discharged or enjoined enforcement of the judgment before January 1, 2022. 2. There is a bankruptcy petition that is pending before January 1, 2022 for which a discharge is ultimately granted. H. For any sale, transfer or refinance that is completed on or after January 1, 2022, judgments that are recorded before January 1, 2022 and that are still valid attach to the homestead property, are enforceable and create judgment liens as prescribed by this section. At the time of the sale, transfer or refinance of a homestead property, the following apply to the priority of judgment liens created by this subsection for only the homestead property: 1. Judgment liens are junior to all valid and unpaid consensual liens that existed on the property on or before December 31, 2021. 2. Priority of judgment liens created by this subsection is determined by the date on which the judgment is recorded as prescribed by section 33-961 and, if applicable, is subject to subsection C of this section. I. For the purposes of this section, "title insurer" has the same meaning prescribed in section 20-1562. 33-965. Entry of reversal or remittitur upon judgment docket; affidavit When a judgment which has been docketed or recorded is reversed on appeal, and the judgment of reversal is filed, or a remittitur is filed, the clerk shall forthwith make entry thereof on the docket. The entry of such reversal or remittitur shall be made by affidavit to be submitted by such judgment creditor or his counsel, which shall thereupon be recorded and indexed as releases of judgment are recorded and indexed. 33-966. Superiority of lien for personal injury judgment against person operating railway A. Judgment against a person operating a railway, or a street railway for injury to any person or property in the operation of the railway shall be a lien within the county where judgment is given, upon the property of such person prior and superior to the lien of any mortgage or trust deed. 33-967. Money judgment; information statement; amendment to recorded judgment; exemption; retroactive applicability A. In addition to the requirements prescribed by section 33-961, any judgment or decree or any renewal that requires the payment of money and that is recorded on or after January 1, 1997, shall not become a lien on real property until a separate information statement is attached to the judgment being recorded. The separate information statement shall contain all of the following information: 1. The correct name and last known address of each judgment debtor and the address at which each judgment debtor received the summons by personal service or by mail. 2. The name and address of the judgment creditor. 3. The amount of the judgment or decree as entered or as most recently renewed. 4. If the judgment debtor is a natural person, the judgment debtor's social security number, date of birth and driver license number. 5. Whether a stay of enforcement has been ordered by the court and the date the stay expires. B. Except as provided in this subsection, the separate statement shall contain the information prescribed by subsection A of this section if the information is known to the judgment creditor or available to the judgment creditor from its records, its attorney's records or the court records in the action in which the judgment was entered. If any of the required information is not known, the judgment creditor shall so state. The judgment debtor's social security number shall be included in the separate statement only if it has been provided voluntarily to the judgment creditor by the judgment debtor. C. A judgment or decree or any renewal that requires the payment of money, that is recorded on or after January 1, 1997 and that is not accompanied by the separate statement as prescribed by subsection A of this section does not become a lien on real property until the judgment creditor records a document entitled "amendment to recorded judgment" that contains a separate statement that is in compliance with subsection A of this section. The amendment to recorded judgment shall state the date of recording and the indexing or document number of the official records of the county recorder for the original recorded judgment or decree and any renewals. D. Recording an amendment to recorded judgment does not affect the computation of time prescribed by section 33-964. E. A civil judgment in favor of this state is exempt from this section. This subsection applies retroactively to all judgments in favor of this state without regard to when the judgment was recorded. 33-968. Erroneously identified property owner; lien; release A. If a recorded money judgment or a certified copy of a money judgment appears to create a judgment lien on the real property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the erroneously identified property owner may deliver to the judgment creditor a written demand for a recordable document that releases the lien. The demand shall be accompanied by reasonable proof that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment against the judgment debtor. B. Within fifteen days after receipt of the property owner's demand and compliance with subsection A, the judgment creditor shall deliver to the property owner a recordable document that releases the lien on the property of that owner. If the judgment creditor improperly fails to deliver a recordable document within that time, the judgment creditor is liable to the property owner for all damages incurred by reason of the failure and is presumed liable for at least five hundred dollars. C. If the judgment creditor does not deliver a document as prescribed by subsection B, the property owner may apply to the court for an order releasing the judgment lien. The application shall be served on the judgment creditor. On presentation of evidence satisfactory to the court that the property is not subject to the judgment, the court shall order the judgment creditor to prepare and deliver a recordable document that releases the lien or by order of the court may release the judgment lien on the property. The order may be recorded in the office of the county recorder in the county where the property is located and shall release the judgment lien on the property. D. The court shall award reasonable attorney fees to the prevailing party in any action pursuant to this section. E. The damages and other remedies provided by this section are not in derogation of any other remedy that a person may be entitled to by law. 33-981. Lien for labor; professional services or materials used in construction, alteration or repair of structures; preliminary twenty day notice; exceptions A. Except as provided in sections 33-1002 and 33-1003, every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the construction, alteration or repair of any building, or other structure or improvement, shall have a lien on such building, structure or improvement for the work or labor done or professional services, materials, machinery, fixtures or tools furnished, whether the work was done or the articles were furnished at the instance of the owner of the building, structure or improvement, or his agent. B. Every contractor, subcontractor, architect, builder or other person having charge or control of the construction, alteration or repair, either wholly or in part, of any building, structure or improvement is the agent of the owner for the purposes of this article, and the owner shall be liable for the reasonable value of labor or materials furnished to his agent. C. A person who is required to be licensed as a contractor but who does not hold a valid license as such contractor issued pursuant to title 32, chapter 10 shall not have the lien rights provided for in this section. D. A person required to give preliminary twenty day notice pursuant to section 33-992.01 is entitled to enforce the lien rights provided for in this section only if he has given such notice and has made proof of service pursuant to section 33-992.02. E. A person who furnishes professional services but who does not hold a valid certificate of registration issued pursuant to title 32, chapter 1 shall not have the lien rights provided for in this section. F. A person who furnishes professional services is entitled to enforce the lien rights provided for in this section only if such person has an agreement with the owner of the property or with an architect, an engineer or a contractor who has an agreement with the owner of the property. 33-982. Claim of lien by assignee of contract or account for material furnished or labor performed An assignee of a contract or account for material furnished or labor performed may verify, file, record and enforce the contract as if he had been the original owner or holder thereof. 33-983. Lien for improvements to city lots or other land A. A person who furnishes professional services or material or labors upon a lot in an incorporated city or town, or any parcel of land not exceeding one hundred sixty acres in the aggregate, or fills in or otherwise improves the lot or such parcel of land, or a street, alley or proposed street or alley, within, in front of or adjoining the lot or parcel of land at the instance of the owner of the lot or parcel of land, shall have a lien on the lot or parcel of contiguous land not exceeding one hundred sixty acres in the aggregate, and the buildings, structures and improvements on the lot for professional services or material furnished and labor performed. B. Every contractor, subcontractor, architect, builder, subdivider or other person having charge or control of the improvement or work on any such lot or parcel of land, either wholly or in part, is the agent of the owner for the purposes of this section, and the owner shall be liable for the reasonable value of professional services, labor or material furnished at the instance of such agent, upon a lot or parcel of land as prescribed in this section, or any street, alley or proposed street or alley, within, in front of or adjoining such lot or parcel of land. 33-984. Lien for labor or materials furnished mill, factory or hoisting works Foundrymen, boilermakers, and other persons who labor or furnish materials for the construction, alteration, repair or operation of a mill, factory or hoisting works at the request of the owner shall have a lien thereon for the amount due. If the hoist, factory or mill is located on property not belonging to the owner of the hoist, factory or mill, the purchaser at the sale on foreclosure of the lien may remove them within sixty days after the sale, whether the hoist, factory or mill is a fixture or not. If the hoist, factory or mill is located on a mine, mining claim or mill site which is the property of the owner, the lien shall embrace the surface ground, not exceeding five acres, upon which the hoist, factory or mill is located. 33-985. Lien for labor or materials furnished domestic vessel Persons who furnish supplies or material or do repairs or perform labor for or on account of a domestic vessel owned wholly or in part in this state, shall have a lien on the vessel, her tackle, apparel, furniture and freight money for the amount due. 33-986. Lien for labor in cutting wood, logs or ties Persons who cut or cord wood, cut, saw or skid logs, cut, saw, hew or pile ties at the request of the owner thereof, shall have a lien thereon for the amount due for the labor performed. 33-987. Lien for labor or materials furnished on waterways, highways, excavations or land A person who labors or furnishes labor or materials in the construction, alteration or repair of any canal, water ditch, flume, aqueduct or reservoir, bridge, fence, road, highway, cellar, excavation or other structure or improvement, or in the clearing, ditching, bordering or leveling of land, and to whom wages or monies are due or owing therefor, shall have a lien upon such property for all amounts due and unpaid. Materials includes the use of mules, horses, machinery or equipment used in or about such projects. 33-988. Lien for labor or materials furnished railroad A person who labors or furnishes labor, teams, materials, machinery, fixtures or tools in the construction, repair or operation of a railroad, locomotive, car or other equipment, and to whom money or wages are due or owing therefor, and any person who furnishes provisions or supplies of any kind in the construction or repair of a railroad or to a contractor or subcontractor engaged in such construction or repair, for the housing, maintenance or subsistence of humans or animals employed or used in such construction or repair, and to whom any amount is due or owing therefor, shall have a lien upon the railroad and its equipment for the amounts unpaid. 33-989. Lien for labor or material furnished mines and mining claims; priority A. A person who labors or furnishes materials or merchandise of any kind, designed for or used in or upon a mine or mining claim, and to whom any amount is due for labor, material or merchandise, shall have a lien upon the mine or mining claim for the unpaid amounts. B. The lien provided for in subsection A shall attach when the labor was performed or the material or merchandise furnished: 1. Under a contract between the person performing the labor or furnishing the material or merchandise and the owner of the mining claim, or his contractor. 2. Under a contract between the person performing the labor or furnishing the material or merchandise and the lessee of the mine or mining claim, or his contractor, where the lease from the owner to the lessee permits the lessee to develop or work the mine or mining claim. 3. Under a contract between persons performing the labor or furnishing the material or merchandise, and any person having an option to buy or contract to purchase the mine or mining claim from the owner thereof, where the option or contract permits the person to go upon the mine or mining claim, and to work or develop it. C. The lien shall attach to the mine or mining claim in or on which the labor was performed or material or merchandise furnished, in preference to any prior lien or encumbrance or mortgage upon the mine or mining claim. 33-990. Posting of "no lien" notice by owner not operating mine; violation; classification A. The provisions of section 33-989 shall not apply and the owner of a mine or mining claim shall not be responsible for any debts when the mine or claim is worked under lease, bond or option from the owner thereof, when the owner conspicuously posts at the collar of all working shafts, tunnels and entrances to the mine and boarding houses, on or before the day the lessee or those working the claim under bond, lease or option begin operations, and records in the office of the county recorder of the county within which the mine or mining claim is located within thirty days from the date of the lease, bond or option, a notice that: 1. The mine or claim is not being operated by the owner. 2. The owner will not be liable for labor performed or materials or merchandise furnished in the operation or development of the mine or mining claim. 3. The mine or claim will not be subject to a lien therefor, referring to the contract, and particularly describing the mine or claim. B. The lessee or person operating the mine shall keep the notices posted, and upon failure to do so is guilty of a class 2 misdemeanor. 33-991. Lands to which liens extend; rural lands; city lots; subdivision lots; mining claims A. If the land upon which an improvement is made and labor or professional services have been performed lies outside of the limits of the recorded map or plat of a townsite, an incorporated city or town, or a subdivision, the lien shall extend to and include not to exceed ten acres of the land upon which the improvement is made and the labor has been performed. B. If the land on which an improvement is made or labor or professional services have been performed lies within the limits of a recorded map or plat of a townsite, an incorporated city or town, or a subdivision, the lien shall extend to and include only the particular lot or lots upon which the improvement is made and the labor has been performed. C. If the labor is performed or the improvements made upon a mining claim, the lien shall extend to the whole thereof and to the group of which the claim upon which the work was done is a part if the group is operated as one property. 33-992. Preference of liens over subsequent encumbrances; professional services liens A. The liens provided for in this article, except as provided in subsection B of this section or unless otherwise specifically provided, are preferred to all liens, mortgages or other encumbrances upon the property attaching subsequent to the time the labor was commenced or the materials were commenced to be furnished except any mortgage or deed of trust that is given as security for a loan made by a construction lender as defined in section 33-992.01, subsection A, paragraph 1, if the mortgage or deed of trust is recorded within ten days after labor was commenced or the materials were commenced to be furnished. The liens provided for in this article except as provided in subsection B of this section are also preferred to all liens, mortgages and other encumbrances of which the lienholder had no actual or constructive notice at the time the lienholder commenced labor or commenced to furnish materials except any mortgage or deed of trust that is given as security for a loan made by a construction lender as defined in section 33-992.01, subsection A, paragraph 1, if the mortgage or deed of trust is recorded within ten days after labor was commenced or the materials were commenced to be furnished. B. A notice and claim of lien for professional services shall not attach to the property for priority purposes until labor has commenced on the property or until materials have commenced to be furnished to the property so that it is apparent to any person inspecting the property that construction, alteration or repair of any building or other structure or improvement has commenced. C. If no labor commences on a property or no materials are furnished to the property, a registered professional may record and foreclose on a lien at any time after the registered professional's work has commenced if the registered professional's work has added value to the property. If labor or materials are furnished to the property, the priority of the registered professional's lien is governed by subsection B of this section. D. Liens for professional services shall attach not before but at the same time, and shall have the same priority, as other liens provided for in this article. E. If any improvement at the site is not provided for in any contract for the construction of any building or other structure, the improvement at the site is a separate work and the commencement of the improvement is not commencement of the construction of the building or other structure. The liens arising from work and labor done or professional services or materials furnished for each improvement at the site shall have a separate priority from liens arising from work and labor done or professional services or materials furnished for the construction of the building or other structure. A lien arising from work or labor done or materials furnished for each improvement at the site attaches to property for priority purposes at the time labor was commenced or materials were commenced to be furnished pursuant to the contract between the owner and original contractor for that improvement to the site. For purposes of this subsection, "improvement at the site" means any of the following on any lot or tract of land or the street, highway or sidewalk in front of or adjoining any lot or tract of land: 1. Demolition or removal of improvements, trees or other vegetation. 2. Drilling of test holes. 3. Grading, filling or otherwise improving. 4. Constructing or installing sewers or other public utilities. 5. Constructing or installing streets, highways or sidewalks. 33-992.01. Preliminary twenty day notice; definitions; content; election; waiver; service; single service; contract A. For the purposes of this section: 1. "Construction lender" means any mortgagee or beneficiary under a deed of trust lending funds all or a portion of which are used to defray the cost of the construction, alteration, repair or improvement, or any assignee or successor in interest of either. 2. "Original contractor" means any contractor who has a direct contractual relationship with the owner. 3. "Owner" means the person, or the person's successor in interest, that causes a building, structure or improvement to be constructed, altered or repaired, whether the interest or estate of the person is in fee, as vendee under a contract to purchase, as lessee, or other interest or estate less than fee. If an interest or estate is held by two or more persons as community property, joint tenants or tenants in common, any one or more of the persons may be deemed the owner. 4. "Preliminary twenty day notice" means one or more written notices from a claimant that are given before the recording of a mechanic's lien and that are required to be given pursuant to this section. B. Except for a person performing actual labor for wages, every person who furnishes labor, professional services, materials, machinery, fixtures or tools for which a lien otherwise may be claimed under this article shall, as a necessary prerequisite to the validity of any claim of lien, serve the owner or reputed owner, the original contractor or reputed contractor, the construction lender, if any, or reputed construction lender, if any, and the person with whom the claimant has contracted for the purchase of those items with a written preliminary twenty day notice as prescribed by this section. C. The preliminary twenty day notice referred to in subsection B of this section shall be given not later than twenty days after the claimant has first furnished labor, professional services, materials, machinery, fixtures or tools to the jobsite and shall contain the following information: 1. A general description of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished and an estimate of the total price thereof. 2. The name and address of the person furnishing labor, professional services, materials, machinery, fixtures or tools. 3. The name of the person who contracted for the purchase of labor, professional services, materials, machinery, fixtures or tools. 4. A legal description, subdivision plat, street address, location with respect to commonly known roads or other landmarks in the area or any other description of the jobsite sufficient for identification. 5. The following statement in bold-faced type: In accordance with Arizona Revised Statutes section 33-992.01, this is not a lien and this is not a reflection on the integrity of any contractor or subcontractor. Notice to Property Owner If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either: 1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor. 2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor. 3. Using any other method or device that is appropriate under the circumstances. D. The preliminary notice given by any claimant shall follow substantially the following form: Arizona Preliminary Twenty Day Lien Notice In accordance with Arizona Revised Statutes section 33-992.01, this is not a lien. This is not a reflection on the integrity of any contractor or subcontractor. The name and address of This preliminary lien notice has the owner or reputed been completed by (name and owner are: address of claimant): Date: _________________________ By: ___________________________ Address: ______________________ The name and address You are hereby notified that the of the original claimant has furnished or will contractor are: furnish labor, professional services, materials, machinery, fixtures or tools of the following general description: The name and address of any lender or reputed lender and assigns are: In the construction, alteration or repair of the building, structure or improvement located at: The name and address of the person with whom the claimant has contracted are: And situated on that certain lot(s) or parcel(s) of land in _____________ County, Arizona, described as follows: An estimate of the total price of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished is: $_________________ (The following statement shall be in bold-faced type.) Notice to Property Owner If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished, or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either: 1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor. 2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor. 3. Using any other method or device that is appropriate under the circumstances. (The following language shall be in type at least as large as the largest type otherwise on the document.) Within ten days after the receipt of this preliminary twenty day notice the owner or other interested party is required to furnish all information necessary to correct any inaccuracies in the notice pursuant to Arizona Revised Statutes section 33-992.01, subsection J or lose as a defense any inaccuracy of that information. Within ten days after the receipt of this preliminary twenty day notice if any payment bond has been recorded in compliance with Arizona Revised Statutes section 33-1003, the owner must provide a copy of the payment bond, including the name and address of the surety company and bonding agent providing the payment bond to the person who has given the preliminary twenty day notice. In the event that the owner or other interested party fails to provide the bond information within that ten day period, the claimant shall retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a result of not timely receivi