Arizona Petition Supplemental Proceeding Debtor's Exam is a type of legal proceeding in which a creditor can obtain information from a debtor to determine if the debtor has sufficient assets to pay off the debt. This process is used to determine the debtor's ability to pay a debt and to ensure that the creditor's claim is satisfied. There are two types of Arizona Petition Supplemental Proceeding Debtor's Exam: 1) a debtor's examination and 2) a creditor's examination. During a debtor's examination, a court-appointed examiner will question the debtor about their financial affairs and assets, and may examine the debtor's books, records, and other documents. During a creditor's examination, the examiner will question the creditor about the debt owed by the debtor and may examine the creditor's books, records, and other documents.
Arizona Petition Supplemental Proceeding Debtor's Exam
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FAQ
Collecting on Judgment Arizona law permits a judgment creditor to garnish 25 percent of your net paycheck; the remaining 75 percent is exempt and yours to keep. You may request a hearing before the judge to ask for a reduction of the percentage from 25 percent to 15 percent.
You must provide the following to the Arizona Motor Vehicle Department: Certified copy of the Judgment ? 60 days after the date of the judgment, if the defendant (Judgment Debtor) has not paid (satisfied) the Judgment, advise the court where the claim was heard and obtain a certified copy of the Judgment (Filing Fees)
A judgment debtor examination is a court proceeding created by law where the party who has obtained a judgment in court is entitled to ask questions of the person who owes that judgment.
Expiration of Arizona Judgments. In Arizona, a judgment is initially effective for ten years after the date of its entry, and execution must be accomplished within that period. A.R.S. § 12-1551(B).
Per ARS §22-246 a certified copy of the judgment must be filed with the Clerk of Superior Court who will issue an execution on the judgment. Upon filing this with the County Recorder's Office, a lien will be placed on the defendant's real property.
The purpose of a Judgment Debtor's Examination is to obtain information about assets and other information relevant to the judgment debtor that may aid you in collecting the judgment. You may file a Petition in Support of Supplemental Proceedings with the court clerk.
All judgments must be in writing, and the court must mail copies to all parties. The judgment must clearly state the determination of the rights of the parties. The judgment is due and payable immediately after the judgment is rendered by the justice of the peace or a hearing officer in small claims court.
A Writ of Execution allows the Constable to seize the judgment debtor's non-exempt PERSONAL PROPERTY and hold it for sale at public auction, for the purpose of satisfying the judgment.