How to Enforce a Wrongful Death Judgment in Arizona

TL;DR

Enforcing a wrongful death judgment in Arizona means you, the judgment creditor, must actively collect the money owed by the at-fault party, the judgment debtor. The court does not collect it for you. The process begins with post-judgment discovery to locate the debtor’s assets, such as income, bank accounts, and property. Once assets are identified, you can use legal tools like a Writ of Garnishment to seize wages or bank funds, or a Writ of Execution to have the sheriff seize and sell physical property. Placing a judgment lien on the debtor’s real estate is another powerful strategy that secures the debt against their property.

Key Highlights

Locate Assets First: Use legal discovery tools like a debtor’s examination or written questions to find where the debtor’s money and property are located.
Use Writs for Seizure: Obtain a Writ of Garnishment from the court to target a debtor’s wages or bank accounts. A Writ of Execution allows the sheriff to seize physical assets.
Place Liens on Property: Record your judgment with the County Recorder to create a lien on the debtor’s real estate, preventing them from selling or refinancing without paying you.
Renew Your Judgment: An Arizona judgment is valid for ten years. You must file for renewal before it expires to continue enforcement efforts.
Seek Legal Help: An experienced collections attorney can manage the complex legal procedures and counter a debtor’s attempts to hide assets.

The Reality of a Wrongful Death Judgment

Winning a wrongful death lawsuit provides a measure of justice and financial relief for families who have lost a loved one due to another’s negligence or misconduct. In Arizona, these civil actions are governed by specific statutes that allow surviving family members to seek compensation for their losses. The final court order, known as a judgment, legally documents the amount of money the at-fault party must pay. However, this piece of paper is not a check. It is the starting line for a new, often challenging, process: collection.

Many people are surprised to learn that the court system does not automatically ensure the judgment is paid. The responsibility falls entirely on the judgment creditor, the person or family to whom the money is owed. The judgment debtor, the person ordered to pay, may not cooperate. This is where Arizona’s laws on judgment enforcement become critical. Statutes like Arizona Revised Statutes (A.R.S.) § 12-1551, which outlines the ten-year lifespan of a judgment and its renewal, provide the legal framework for creditors to pursue what is rightfully theirs.

Securing the compensation awarded in a wrongful death judgment requires a deliberate and strategic approach. It is not a passive waiting game but an active pursuit using specific legal instruments designed to identify and seize a debtor’s assets. Understanding these tools, from compelling a debtor to reveal their finances under oath to placing a lien on their home, is essential for turning a court victory into tangible financial recovery. The following sections break down the precise steps and legal mechanisms available in Arizona to enforce your judgment and hold the responsible party accountable.

Understanding Your Arizona Wrongful Death Judgment

Before you can begin collection, you must understand the legal power of the document you hold. A judgment is a final order from a court that resolves the legal dispute. In a wrongful death case, it specifies the amount of damages the defendant (now the judgment debtor) owes to the plaintiffs (now the judgment creditors). This document is the foundation for all enforcement actions.

Judgment Creditor vs. Judgment Debtor

The terminology is simple but important.

Judgment Creditor: You, the person or family who won the lawsuit and is owed money.
Judgment Debtor: The person or entity who lost the lawsuit and is legally obligated to pay the judgment.

Your goal is to move assets from the judgment debtor to yourself to satisfy the judgment.

The Lifespan of a Judgment in Arizona

A common misconception is that a judgment lasts forever. In Arizona, this is not the case. Under A.R.S. § 12-1551, a judgment is enforceable for ten years from the date it is entered by the court clerk. If the debtor has not paid the full amount within that decade, the judgment expires and becomes unenforceable.

Fortunately, Arizona law allows for the renewal of a judgment. You can file an “Affidavit of Renewal of Judgment” with the court before the original ten-year period expires. A successful renewal extends the life of the judgment for another ten years. This process can be repeated, but missing the deadline is catastrophic. If you let the judgment expire, your right to collect the money is lost permanently.

The Importance of Recording the Judgment

One of the first and most critical steps after receiving your judgment is to “record” it. This involves taking a certified copy of the judgment to the County Recorder’s office in every Arizona county where you believe the debtor owns or may own real estate in the future. This simple action has a powerful effect under A.R.S. § 33-961. It automatically creates a judgment lien on all real property the debtor currently owns in that county and any property they acquire in that county while the lien is active. This lien is a public notice that you have a legal claim against the debtor’s property. We will explore the power of liens in more detail later.

The First Step: Post-Judgment Discovery and Asset Location

You cannot collect from assets you do not know exist. If the judgment debtor does not voluntarily pay, your first mission is to become a financial detective. Arizona law provides powerful discovery tools to help you uncover the debtor’s complete financial picture, including their income, bank accounts, property, vehicles, and other valuables. This process is known as post-judgment discovery.

Debtor’s Examination (A.R.S. § 12-1631)

A debtor’s examination is one of the most effective discovery tools. It is a court-ordered hearing where you can compel the judgment debtor to appear in court and answer questions about their finances under oath. You can ask detailed questions about:

Their employer and salary.
The location of their bank accounts (checking, savings, investment).
Any real estate they own.
Vehicles, boats, or other valuable personal property.
Any money owed to them by others.
Any recent transfers of property or money.

The debtor must answer truthfully, as lying under oath constitutes perjury, a serious crime. They can also be ordered to bring documents with them, such as bank statements, pay stubs, and vehicle titles. This hearing can provide a complete roadmap to their assets, telling you exactly where to direct your collection efforts.

Written Interrogatories and Requests for Production

As an alternative or supplement to a debtor’s examination, you can serve the debtor with written legal documents.

Interrogatories: These are written questions that the debtor must answer in writing, under oath. They cover the same topics as a debtor’s examination but allow for more detailed and researched answers. For example, you can ask for a list of all assets valued over $500.
Requests for Production of Documents: This is a formal request that the debtor provide you with copies of specific financial documents. This can include tax returns, bank statements for the past several years, property deeds, and car titles.

These written methods can be very effective, but if the debtor ignores them or provides incomplete answers, you may need to file a motion with the court to compel them to comply.

Using Private Investigators and Asset Searches

In cases where a debtor is actively trying to hide assets, professional help may be necessary. A private investigator or a specialized asset search company can use public records and other databases to uncover hidden information. They can often find:

Undisclosed bank or brokerage accounts.
Real estate owned under a different name or in a trust.
Business interests or shell corporations.
Vehicles or other property registered in another state.

While this adds to the cost of collection, it can be a worthwhile investment if the judgment is large and the debtor is uncooperative. The information they provide can be used to direct your legal collection actions with precision.

Powerful Collection Tools: Writs of Execution and Garnishment

Once you have located the debtor’s assets, you need the court’s authority to seize them. This authority comes in the form of a “writ,” which is a formal written order from the court. The two most common and effective writs for collecting a money judgment are the Writ of Garnishment and the Writ of General Execution.

The Writ of General Execution

A Writ of General Execution is a court order directed to the county sheriff or constable. It commands the officer to seize any of the debtor’s non-exempt property, sell it at a public auction, and give the proceeds to you to satisfy the judgment. This writ can be used to seize a wide variety of assets, including:

Cars, trucks, and motorcycles.
Boats and recreational vehicles.
Jewelry, art, and other valuable personal items.
Business equipment and inventory.

To get a writ, you file an application with the same court that issued the judgment. Once the clerk issues it, you deliver it to the sheriff’s office with instructions on what property to seize and where it is located. The sheriff will then execute the writ, though you will be responsible for paying the costs associated with the seizure and sale upfront. These costs can later be added to the total amount the debtor owes you.

Wage Garnishment (A.R.S. § 12-1598 et seq.)

If the debtor has a job, wage garnishment is one of the most reliable collection methods. A Writ of Garnishment is a court order served on the debtor’s employer (the “garnishee”). It legally requires the employer to withhold a portion of the debtor’s earnings each pay period and send the money directly to you.

The process involves these steps:

Obtain the Writ: Apply for a Writ of Garnishment from the court.
Serve the Employer: The writ must be formally served on the debtor’s employer.
Employer’s Response: The employer is legally obligated to answer the writ, confirming the debtor’s employment and earnings.
Withholding Begins: The employer starts withholding the legally allowed amount from the debtor’s paychecks and sends it to you or your attorney.

There are limits on how much can be garnished. Federal and Arizona law protect a portion of a debtor’s income to ensure they have enough to live on. Generally, a creditor can garnish up to 25% of the debtor’s disposable earnings (the amount left after legally required deductions like taxes).

Bank Levies (Non-Wage Garnishment)

A bank levy is another form of garnishment, but instead of targeting wages, it targets money held in the debtor’s bank or credit union accounts. The process is similar to a wage garnishment: you obtain a Writ of Garnishment and have it served on the financial institution where the debtor has an account.

Upon receiving the writ, the bank must immediately freeze the debtor’s account. The bank then files an answer with the court stating how much money was in the account at the time the writ was served. After a waiting period that allows the debtor to claim any legal exemptions, the court will order the bank to turn the non-exempt funds over to you. A single bank levy can sometimes satisfy a significant portion of a judgment if you can identify an account with a large balance. It is important to note that certain funds, like Social Security benefits or workers’ compensation payments, are exempt from garnishment by law.

Securing Real and Personal Property with Judgment Liens

While writs are excellent for seizing liquid assets like cash and wages, a judgment lien is a powerful tool for securing your claim against the debtor’s more substantial property, particularly real estate. A lien is a legal claim or a “cloud” on a piece of property that gives a creditor the right to be paid from the proceeds if the property is sold or refinanced.

Creating a Lien on Real Property (A.R.S. § 33-961)

As mentioned earlier, the process for creating a lien on real property in Arizona is straightforward but essential.

Obtain a Certified Copy: Get a certified copy of your wrongful death judgment from the court clerk.
Record the Judgment: Take the certified copy to the County Recorder’s office in any county where the debtor owns property. You must pay a small recording fee.
The Lien is Created: Once recorded, the judgment automatically becomes a lien on all real estate the debtor currently owns in that county. It also attaches to any real estate they might buy in that county for as long as the judgment is valid.

The effect of this lien is profound. The debtor cannot sell the property or take out a new mortgage on it without first paying off your judgment. Title companies will not issue a clear title policy until the lien is removed. This often forces a debtor who wants to access the equity in their home to finally pay what they owe. If the debtor still refuses to pay, you have the right to initiate a foreclosure action on your lien, forcing a sale of the property through a Sheriff’s Sale to satisfy your judgment.

Liens on Personal Property

It is also possible to place a lien on valuable personal property, such as business equipment, vehicles, or other significant assets. This is typically done by filing a judgment lien certificate with the Arizona Secretary of State. This filing puts other potential creditors on notice of your claim. While it doesn’t automatically seize the property, it establishes your priority if the debtor tries to sell the asset or if another creditor attempts to claim it. This is a more complex process often used in commercial collections but can be effective for certain types of assets in a wrongful death case, especially if the debtor owns a business.

Dealing with Common Obstacles and Difficult Debtors

Enforcing a judgment is rarely a simple, unopposed process. Debtors may use various legal protections and tactics to avoid payment. Understanding these potential roadblocks is key to developing an effective collection strategy.

The Homestead Exemption (A.R.S. § 33-1101)

One of the most significant protections for debtors in Arizona is the homestead exemption. This law allows a resident of Arizona to protect a certain amount of equity in their primary residence (their “homestead”) from being seized by most creditors. As of recent updates, the Arizona homestead exemption protects up to $400,000 of equity in a person’s home.

This means that if you foreclose on a judgment lien, the debtor is entitled to the first $400,000 from the sale proceeds. You would only receive money if the sale price exceeded the homestead exemption amount plus any outstanding mortgages on the property. For example, if a home sells for $600,000, has a $150,000 mortgage, and the debtor claims the $400,000 homestead exemption, only $50,000 would be available to pay your judgment. While the lien is still valuable for preventing a sale without payment, the homestead exemption can make foreclosure a less attractive option.

Fraudulent Conveyances

What happens if, after the lawsuit is filed or after the judgment is entered, the debtor suddenly “sells” their valuable assets to a family member for $1 or transfers their home into a relative’s name? This is known as a fraudulent conveyance or fraudulent transfer. Arizona law, based on the Uniform Fraudulent Transfer Act, allows creditors to challenge these transfers.

If you can prove that the transfer was made with the intent to hinder, delay, or defraud a creditor, a court can undo the transaction. The court can void the sale, allowing you to seize the asset as if the transfer never happened. Signs of a fraudulent transfer include transferring property to an insider (like a family member), retaining control of the property after the transfer, or selling an asset for far less than its actual value.

The Impact of Bankruptcy

A bankruptcy filing by the debtor is the most serious obstacle to judgment collection. The moment a debtor files for Chapter 7 or Chapter 13 bankruptcy, an “automatic stay” goes into effect. This is a federal injunction that immediately halts all collection activities, including garnishments, levies, and foreclosures.

Whether you can ever collect your judgment depends on the type of bankruptcy and the nature of your claim. In a Chapter 7 bankruptcy, the debtor’s non-exempt assets are liquidated to pay creditors. However, many debts are “discharged,” or wiped out. In a wrongful death case, your judgment may be declared non-dischargeable if the death was caused by the debtor’s willful and malicious act or, very commonly, by their operation of a motor vehicle while intoxicated. If the debt is deemed non-dischargeable, you can resume collection efforts after the bankruptcy case is over.

The Role of a Collections Attorney and Legal Costs

While it is possible for an individual to enforce a judgment on their own, the process is complex, time-consuming, and filled with procedural requirements. A debtor who is determined to avoid payment will often require a creditor to use every legal tool available. This is why many judgment creditors choose to hire an attorney who specializes in collections and judgment enforcement.

Why Hire an Attorney for Judgment Enforcement?

An experienced collections attorney provides several key advantages:

Expertise: They know the specific legal procedures, deadlines, and documents required by Arizona courts.
Efficiency: They can conduct discovery, file writs, and manage the process much faster than someone unfamiliar with the system.
Leverage: A letter or court filing from a law firm often gets a debtor’s attention more effectively than a request from an individual.
Strategy: They can analyze the debtor’s financial situation and determine the most effective collection strategy, whether it’s a bank levy, wage garnishment, or property lien.

Attorney Fee Structures

Attorneys who handle judgment enforcement typically work on a contingency fee basis. This means you do not pay them an hourly rate. Instead, the attorney’s fee is a percentage of the money they successfully collect for you. A typical contingency fee for post-judgment collection is between 30% and 40%. This arrangement is beneficial because it means the attorney is highly motivated to collect, and you do not have to pay legal fees out of pocket unless money is recovered.

Recovering Costs and Interest

It is important to remember that the original judgment amount is not a static number.

Post-Judgment Interest: Under Arizona law, your judgment accrues interest from the date it is entered until it is paid in full. The interest rate can be significant and adds to the total amount the debtor owes.
Costs of Collection: A.R.S. § 12-341 allows you to add your reasonable costs of collection to the judgment balance. This includes court filing fees, fees for serving legal documents, sheriff’s fees, and other expenses directly related to your enforcement efforts.

An arizona wrongful death attorney will ensure that all accrued interest and recoverable costs are calculated correctly and added to the total amount being pursued from the debtor.

Taking Action to Secure Your Judgment

Obtaining a wrongful death judgment is a significant legal victory, but it marks the beginning of the final chapter: enforcement. The legal system in Arizona provides a robust set of tools for judgment creditors, but these tools are useless unless you actively use them. From the initial step of recording your judgment to create a lien, through the investigative work of post-judgment discovery, and into the active seizure of assets through writs of garnishment and execution, the process requires diligence and persistence.

Remember that time is not on your side. A judgment is only valid for ten years before it must be renewed, and a determined debtor will use any delay to their advantage by moving, hiding, or transferring assets. The complexities of legal exemptions, like the homestead protection, and the potential for a bankruptcy filing further underscore the need for a strategic and informed approach. Confronting these challenges alone can be a difficult and frustrating experience, especially for a family already coping with loss.

The most effective step you can take to turn your judgment into the financial compensation you are owed is to seek professional legal guidance. An Arizona attorney with expertise in judgment enforcement can manage the entire process, from locating hidden assets to filing the necessary court documents and countering the debtor’s tactics. They work to ensure that every legal avenue is pursued to hold the responsible party accountable. Do not let your hard-won judgment become an uncollectible debt. Consult with a qualified attorney to create an enforcement plan and take decisive action to secure the justice your family deserves. Contact us for free evaluation today.