Fill and Sign the Arizona Judgment Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc.       STATE OF ARIZONA ENROLLMENT OF FOREIGN JUDGMENT [Revised Arizona Uniform Enforcement of Foreign Judgments Act] Title XII, Ch. 9, Article 11, Sections 12-701 – 12-708, inclusive Control Number – AZ - EFJ - 01 NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form fields will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields. 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DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Arizona. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENROLLMENT OF A FOREIGN JUDGMENT A foreign judgment is a judgment entered by a court other than the court of the state where the judgment is sought to be enrolled. Enrolling a judgment allows the judgment creditor or person holding the judgment to enforce it in the state of enrollment and the enrollment creates a judgment lien against the property of the Judgment Debtor. Requirements: 1. The Judgment must be a final judgment. 2. The Judgment must be “certified pursuant to acts of congress” or "triple-sealed". This means that a judge of a court of record must authenticate the order or abstract, the clerk of court must authenticate the judge's authentication as genuinely that of a judge of a court of record, and a judge must authenticate the clerk as clerk. 3. Execute an Affidavit in Support of Request to Enroll Foreign Judgment [Form One], a Request for Enrollment with Judgment attached [Form Two] and Notice of Enrollment [Form Three]. 4. Using the enclosed Cover Letter, send Cover Sheet [Form One]Affidavit in Support of Request to Enroll Foreign Judgment [Form Two], a Request for Enrollment with Judgment attached as Exhibit A [Form Three] and Notice of Filing of Foreign Judgment [Form Four] to the clerk of the court where the judgment is sought to be enrolled, along with two copies and applicable filing fees. 5. Mail a copy of the Notice of Enrollment to the judgment debtor. 6. Wait the required time of 20 days after you mail to the judgment debtor a copy of the notice of filing of the foreign judgment and files proof of mailing with the clerk and then you may execute on property of the judgment debtor that is not exempt from execution. The judgment becomes a final judgment of that court when recorded in the Office of the Clerk, and can be readily transferred from one county to another as the final judgment of the enrolling court. See 28 U.S.C. §1738 for statutory requirements for orders which must be extended full faith and credit. States may give full faith and credit without the documentary requirements but they must give full faith and credit if the requirements are met. Enrollment of a foreign judgment in the State of Arizona is controlled by the Revised Uniform Enforcement of Foreign Judgments Act, Arizona Statutes, Title XII, Ch. 9, Article 11, Sections 12-701 – 12- 708, inclusive. Date                         ( Return Name and Address)                         (Name and address of Clerk of Court) Re: [style of case] Dear Clerk: Enclosed for filing is a Notice of Filing of Foreign Judgment and Request For Enrollment of Foreign Judgment pursuant to the Uniform Enforcement of Foreign Judgment's Act. A filing fee of $       is also enclosed. Please return a filed copy to me. Please advise if you need anything further at this time. With kindest regards, I am Sincerely yours, Signature       Type or Print Name Enclosures In the Superior Court of the State of Arizona In and For the County of _______________ Case Number       CIVIL COVER SHEET- NEW FILING ONLY (Please Type or Print) Plaintiff’s Attorney       Attorney Bar Number       Plaintiff’s Name(s): (List all) Plaintiff’s Address:                                     (List additional plaintiffs on page two and/or attach a separate sheet). Defendant’s Name(s): (List All)                   (List additional defendants on page two and/or attach a separate sheet)) EMERGENCY ORDER SOUGHT: Temporary Restraining Order Provisional Remedy OSC Election Challenge Employer Sanction Other _____________________________________________ (Specify) RULE 8(i) COMPLEX LITIGATION DOES NOT APPLY. (Mark appropriate box under Nature of Action ) RULE 8(i) COMPLEX LITIGATION APPLIES. Rule 8(i) of the Rules of Civil Procedure defines a “Complex Case” as civil actions that require continuous judicial management. A typical case involves a large number of witnesses, a substantial amount of documentary evidence, and a large number of separately represented parties. (Mark appropriate box on page two as to complexity, in addition to the Nature of Action case category). NATURE OF ACTION (Place an “X” next to the one case category that most accurately describes your primary case.) TORT MOTOR VEHICLE: Non-Death/Personal Injury Property Damage Wrongful Death TORT NON-MOTOR VEHICLE: Negligence Product Liability – Asbestos Product Liability – Tobacco Product Liability – Toxic/Other Intentional Tort Property Damage Legal Malpractice Malpractice – Other professional Premises Liability Slander/Libel/Defamation Other (Specify) _______________ MEDICAL MALPRACTICE: Physician M.D. Hospital Physician D.O Other CONTRACTS: Account (Open or Stated) Promissory Note Foreclosure Buyer-Plaintiff Fraud Other Contract (i.e. Breach of Contract) Excess Proceeds-Sale Construction Defects (Residential/Commercial) Six to Nineteen Structures Twenty or More Structures November 12, 2009 1 OTHER CIVIL CASE TYPES : Eminent Domain/Condemnation OTHER CIVIL CASE TYPES : (Continued) Eviction Actions (Forcible and Special Detainers) Change of Name Transcript of Judgment Foreign Judgment Quiet Title Forfeiture Election Challenge NCC- Employer Sanction Action (A.R.S. §23-212) Injunction against Workplace Harassment Injunction against Harassment Civil Penalty Water Rights(Not General Stream Adjudication) Real Property Sexually Violent Person (A.R.S. §36-3704) (Except Maricopa County) Minor Abortion (See Juvenile in Maricopa County) Special Action Against Lower Courts (See lower court appeal cover sheet in Maricopa) UNCLASSIFIED CIVIL : Administrative Review (See lower court appeal cover sheet in Maricopa) Tax Appeal (All other tax matters must be filed in the AZ Tax Court) Declaratory Judgment Habeas Corpus Landlord Tenant Dispute- Other Restoration of Civil Rights (Federal) Clearance of Records (A.R.S. §13-4051) Declaration of Factual Innocence (A.R.S. §12-771) Declaration of Factual Improper Party Status Vulnerable Adult (A.R.S. §46-451) Tribal Judgment Structured Settlement (A.R.S. §12-2901) Attorney Conservatorships (State Bar) Unauthorized Practice of Law (State Bar) Out-of-State Deposition for Foreign Jurisdiction Secure Attendance of Prisoner Assurance of Discontinuance In-State Deposition for Foreign Jurisdiction Eminent Domain– Light Rail Only Interpleader– Automobile Only Delayed Birth Certificate (A.R.S. §36-333.03) Employment Dispute- Discrimination Employment Dispute-Other Other __________________________________ (Specify) COMPLEXITY OF THE CASE If you marked the box on page one indicating that Complex Litigation applies, place an “X” in the box of no less than one of the following: Antitrust/Trade Regulation Construction Defect with many parties or structures Mass Tort Securities Litigation with many parties Environmental Toxic Tort with many parties Class Action Claims Insurance Coverage Claims arising from the above-listed case types A Complex Case as defined by Rule 8(i) ARCP Additional Plaintiff(s)                   Additional Defendant(s)             November 12, 2009 2       November 12, 2009 3 Name of Person Filing:       Your Address:       Your City, State, Zip Code:       Your Telephone Number:       ATLAS Number (if applicable):       Attorney Bar Number (if applicable):       Representing Self, Without a Lawyer or Petitioner or Respondent IN THE SUPERIOR COURT OF THE STATE OF ARIZONA In and for the County of ________________________ CASE NO. __________________       , Plaintiff vs.       , Defendant AFFIDAVIT SUBSTANTIATING A FOREIGN JUDGMENT ____________________________________________________________________________ I SWEAR I am over the age of 18 and otherwise competent to testify in a court of law of the United States or its several states and make this affidavit without being under fraud, duress or undue influence from any person as to the following facts: 1. Pursuant to ARS 12 - 1702 et. seq., I am filing this affidavit with the Clerk of the Superior Court along with a copy of a foreign judgment. 2. The name and last known post office box or residential address of the Petitioner/Plaintiff is as follows:                         3. The name and current post office box or residential address of the Defendant/Respondent is as follows :                         4 The name and current address of the Plaintiff’s/Petitioner’s Attorney in the State of Arizona is as follows: Affidavit Substantiating A Foreign Judgment Page 1 of 2                         WITNESSETH, I have read the foregoing Affidavit and know of my own knowledge that the facts stated therein are true and correct as of the date this Affidavit was sworn. Affiant       Type or Print Name STATE OF ARIZONA ) ) County of ______________ ) ss       Attorney Firm Name and Address SUBSCRIBED AND SWORN before me this _____ day of ____________ , 20 ___ Notary Public _______________________________________________ (seal) Affidavit Substantiating A Foreign Judgment Page 2 of 2 Name of Person Filing:       Your Address:       Your City, State, Zip Code:       Your Telephone Number:       ATLAS Number (if applicable):       Attorney Bar Number (if applicable):       Representing Self, Without a Lawyer or Petitioner or Respondent IN THE SUPERIOR COURT OF THE STATE OF ARIZONA In and for the County of ________________________ ___________________________________________ CASE NO. ____________       , Petitioner/Plaintiff vs.       , Respondent/Defendant REQUEST FOR ENROLLMENT OF FOREIGN JUDGMENT ________________________________________________________________________ Pursuant to the Arizona Revised Uniform Enforcement of Foreign Judgments Act you are hereby requested to enroll an Agreed Judgment entered on the ______ day of __________________ , 20 ______ by the __________________ Court of __________________ County, State of __________________ , Cause No. ____________ in favor of ______________________________ against ______________________________ in the amount of $ __________________ , plus attorneys fees of $ __________________ . The judgment has been authenticated according to acts of Congress and in accordance with the Act as indicated by the attached judgment. DATED this the ______ day of __________________ , 20 ______ . Name of Plaintiff or Attorney for Plaintiff Request for Enrollment of Foreign Judgment Page 1 of 2 CERTIFICATE OF SERVICE This is to certify that I, [Name of Plaintiff or attorney for Plaintiff] , have forwarded this date a true and correct copy of the above and foregoing document, by U.S. Mail, postage fully prepaid, to: Name of Judgment Debtor/Defendant:       Address       City, State, Zip       Name of Clerk       Address       City, State, Zip       This the ____ day of ____________ , _______ . _____________________________________ [Name of Plaintiff or Attorney for Plaintiff] Request for Enrollment of Foreign Judgment Page 2 of 2 Name of Person Filing:       Your Address:       Your City, State, Zip Code:       Your Telephone Number:       ATLAS Number (if applicable):       Attorney Bar Number (if applicable):       Representing Self, Without a Lawyer or Petitioner or Respondent IN THE SUPERIOR COURT OF THE STATE OF ARIZONA In and for the County of ________________________ ___________________________________________ CASE NO. ____________       , Petitioner/Plaintiff NOTICE OF FILING OF FOREIGN JUDGMENT vs.       , Respondent/Defendant ______________________________________________________________________________ YOU ARE HEREBY GIVEN NOTICE PURSUANT TO A.R.S. §12-1703(B) THAT THE FOREIGN JUDGMENT DESCRIBED BELOW HAS BEEN FILED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF MARICOPA COUNTY. COURT IN WHICH JUDGMENT WAS ENTERED: _______________________________ CASE NUMBER: _______________________________ DATE OF JUDGMENT: _______________________________ NAME AND ADDRESS OF INITIATING PARTY: _______________________________ _______________________________ _______________________________ NAME AND ADDRESS OF INITIATING PARTY’S ATTORNEY: _______________________________ _______________________________ _______________________________ RESPECTFULLY SUBMITTED this ______ day of ______________________________ , 20 ______ . _________________________________ INITIATING PARTY’S SIGNATURE Notice of Filing of Foreign Judgment Page 1 of 2 CERTIFICATE OF SERVICE This is to certify that I, [Name of Plaintiff or attorney for Plaintiff] , have forwarded this date a true and correct copy of the above and foregoing document, by U.S. Mail, postage fully prepaid, to: Name of Judgment Debtor/Defendant Address City, State, Zip Name of Clerk Address City, State, Zip This the ____ day of ____________ , _______ . ______________________________________ [Name of Plaintiff or Attorney for Plaintiff] Notice of Filing of Foreign Judgment Page 2 of 2