Selected Arizona Revised Statutes
Provisional Remedies Act [PRA]
12-2401 Definitions
In this article, unless the context otherwise requires:
1. "Party" means any plaintiff or defendant in any civil action, in any superior or justice court of this state.
2. "Property" means any present or future interest in wages, real estate, goods, chattels or choses in action whether such interest is vested or contingent.
3. "Provisional remedy " means the remedies of attachment, garnishment or replevin, but shall not include garnishment of wages.
12-2402 Provisional remedies without notice; grounds for issuance
A. Any provisional remedy may be issued by any judge of the superior court or justice of the peace of this state before judgment and without prior notice to the party against whom it will operate in any of the following cases:
1. When the party against whom the provisional remedy is sought is about to remove permanently from the state and has refused to secure the debt, or when such party has secreted property for the purpose of defrauding creditors, or that such party has disposed of property, wholly or in part, with intent to defraud creditors, or that such party is about to dispose of property with intent to defraud creditors.
2. When the moving party is the owner or lessor or otherwise is lawfully entitled to the possession of the property claimed, has satisfied the requirements of sections 12-1301 and 12-1303, and is seeking a provisional remedy in the nature of replevin, except that a provisional remedy under this section may not be obtained to enforce a security interest in consumer goods which is not a purchase money security interest.
3. When any provisional remedy is required to obtain jurisdiction.
4. When the party seeking any provisional remedy has received a bulk sale's notice pursuant to section 47-6105 dealing with the property of the party against whom the provisional remedy is sought and such bulk sale will not provide for full payment of the party seeking the provisional remedy.
B. Before any provisional remedy shall issue, the party seeking such remedy shall establish with particularity by affidavit to the court's satisfaction sufficient facts supporting the party's claim and establish that one of the requirements of subsection A of this section has been met and that such party will file such other pleadings or affidavits as are required by law as a prerequisite to the issuance of any provisional remedy sought.
C. When a provisional remedy is issued, the party against whom it will operate may immediately move to quash such order and the court or justice of the peace shall hear such motion within five days, exclusive of weekends and holidays. The issues at such hearing shall be limited to the following:
1. The probable validity of the claim or claims of the party seeking the provisional remedy and any defenses and claims of personal property exemptions of the party against whom such provisional remedy will operate.
2. The existence of any statutory requirement for the issuance of any provisional remedy sought, plus the existence of any grounds in subsection A of this section.
D. The party seeking the provisional remedy shall at the time of the seizure, attachment or garnishment, or within three days thereafter, exercise reasonable diligence to serve the party against whom a provisional remedy is sought with notice of the seizure, the impound or such other act ordered by the court and of said party's right to an immediate hearing contesting the same.
E. Upon the filing of an application as provided in this section, the justice of the peace or any clerk of the superior court shall issue a notice directed to any party against whom any provisional remedy would operate, substantially in the following form:
"Notice
You are hereby notified that your (property) is being taken away from you by (party seeking provisional remedy) , who says that you owe (such party) a debt of $ (amount) . (Party seeking provisional remedy ) is taking your property because (such party) says:
(a) That you were about to remove permanently from the state and refused to secure the debt, or
(b) That you had secreted property for the purpose of defrauding creditors, or
(c) That you had disposed of property, wholly or in part, with intent to defraud creditors, or were about to dispose of property with intent to defraud creditors, or
(d) That your assets will not provide for full payment of your debt after a bulk sale.
(e) That (party seeking provisional remedy) claims the right of possession to your property under a purchase money security interest.
If you disagree and think you do not owe (party seeking provisional remedy) , or that you have not done any of the things which (party seeking provisional remedy ) said you did or were about to do, then you can ask a court to hear your side of the story and give your property back to you. If you want such a hearing, it will be given to you within five working days after you ask for it. Just check the box at the bottom of this notice and mail it or take it to the court or division of the court, at the following address: (address of court or division of the court) . You must also send a copy to (party seeking provisional remedy) at (address) , so that (party seeking provisional remedy) knows you want the hearing."
12-2402 Provisional remedies without notice; grounds for issuance
A. Any provisional remedy may be issued by any judge of the superior court or justice of the peace of this state before judgment and without prior notice to the party against whom it will operate in any of the following cases:
1. When the party against whom the provisional remedy is sought is about to remove permanently from the state and has refused to secure the debt, or when such party has secreted property for the purpose of defrauding creditors, or that such party has disposed of property, wholly or in part, with intent to defraud creditors, or that such party is about to dispose of property with intent to defraud creditors.
2. When the moving party is the owner or lessor or otherwise is lawfully entitled to the possession of the property claimed, has satisfied the requirements of sections 12-1301 and 12-1303, and is seeking a provisional remedy in the nature of replevin, except that a provisional remedy under this section may not be obtained to enforce a security interest in consumer goods which is not a purchase money security interest.
3. When any provisional remedy is required to obtain jurisdiction.
12-2402 Provisional remedies without notice; grounds for issuance
A. Any provisional remedy may be issued by any judge of the superior court or justice of the peace of this state before judgment and without prior notice to the party against whom it will operate in any of the following cases:
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2. When the moving party is the owner or lessor or otherwise is lawfully entitled to the possession of the property claimed, has satisfied the requirements of sections 12-1301 and 12-1303, and is seeking a provisional remedy in the nature of replevin, except that a provisional remedy under this section may not be obtained to enforce a security interest in consumer goods which is not a purchase money security interest.
A.R.S. §12-2402(B)
B. Before any provisional remedy shall issue, the party seeking such remedy shall establish with particularity by affidavit to the court's satisfaction sufficient facts supporting the party's claim and establish that one of the requirements of subsection A of this section has been met and that such party will file such other pleadings or affidavits as are required by law as a prerequisite to the issuance of any provisional remedy sought.
A.R.S. §12-2402(C)
C. When a provisional remedy is issued, the party against whom it will operate may immediately move to quash such order and the court or justice of the peace shall hear such motion within five days, exclusive of weekends and holidays. The issues at such hearing shall be limited to the following:
1. The probable validity of the claim or claims of the party seeking the provisional remedy and any defenses and claims of personal property exemptions of the party against whom such provisional remedy will operate.
2. The existence of any statutory requirement for the issuance of any provisional remedy sought, plus the existence of any grounds in subsection A of this section.
A.R.S. §12-2402(D)
D. The party seeking the provisional remedy shall at the time of the seizure, attachment or garnishment, or within three days thereafter, exercise reasonable diligence to serve the party against whom a provisional remedy is sought with notice of the seizure, the impound or such other act ordered by the court and of said party's right to an immediate hearing contesting the same.
A.R.S. §12-2402(E)
E. Upon the filing of an application as provided in this section, the justice of the peace or any clerk of the superior court shall issue a notice directed to any party against whom any provisional remedy would operate, substantially in the following form:
“Notice
You are hereby notified that your (property) is being taken away from you by (party seeking provisional remedy), who says that you owe (such party) a debt of $ (amount). (Party seeking provisional remedy) is taking your property because (such party) says:
(a) That you were about to remove permanently from the state and refused to secure the debt, or
(b) That you had secreted property for the purpose of defrauding creditors, or
(c) That you had disposed of property, wholly or in part, with intent to defraud creditors, or were about to dispose of property with intent to defraud creditors, or(d) That (party seeking provisional remedy) claims the right of possession to your property under a purchase money security interest.
If you disagree and think you do not owe (party seeking provisional remedy), or that you have not done any of the things which (party seeking provisional remedy) said you did or were about to do, then you can ask a court to hear your side of the story and give your property back to you. If you want such a hearing, it will be given to you within five working days after you ask for it. Just check the box at the bottom of this notice and mail it or take it to the court or division of the court, at the following address: (address of court or division of the court) . You must also send a copy to (party seeking provisional remedy) at (address), so that (party seeking provisional remedy) knows you want the hearing.”
A.R.S. §28-2064. Electronic certificates of title system
A. The director shall establish a system to allow the voluntary recording of vehicle title information for newly issued, transferred and corrected certificates of title, including perfection and release of security interests, through electronic media in a cost-effective manner in lieu of the submission and maintenance of paper documents as provided in this chapter.
B. In the process of establishing the system, the director shall:
1. Research methods by which the department, lending institutions and sales finance companies may exchange and maintain information concerning the perfection and release of vehicle security interests without submitting or receiving a paper title document.
2. Develop methods by which lending institutions, sales finance companies and manufacturers may electronically submit updated information pertaining to the title record, including the addition, assignment or release of vehicle security interests.
C. The director may limit the number of lending institutions and sales finance companies participating in the system but shall encourage lending institutions and sales finance companies of various sizes to participate. If, after the system has been in operation for twelve months, the director determines that the system is successful, the director may expand the system.
D. Section 28-444, subsection B applies to certificates of title under the system established pursuant to this section.
A.R.S. §28-2064. Electronic certificates of title system
A. The director shall establish a system to allow the voluntary recording of vehicle title information for newly issued, transferred and corrected certificates of title, including perfection and release of security interests, through electronic media in a cost-effective manner in lieu of the submission and maintenance of paper documents as provided in this chapter.
B. In the process of establishing the system, the director shall:
1. Research methods by which the department, lending institutions and sales finance companies may exchange and maintain information concerning the perfection and release of vehicle security interests without submitting or receiving a paper title document.
2. Develop methods by which lending institutions, sales finance companies and manufacturers may electronically submit updated information pertaining to the title record, including the addition, assignment or release of vehicle security interests.
C. The director may limit the number of lending institutions and sales finance companies participating in the system but shall encourage lending institutions and sales finance companies of various sizes to participate. If, after the system has been in operation for twelve months, the director determines that the system is successful, the director may expand the system.
D. Section 28-444, subsection B applies to certificates of title under the system established pursuant to this section.
A.R.S. §28-2132. Indication of lien or encumbrance
A. The department shall provide on the application for title and the application for registration only a section that provides for the indication of a lien or encumbrance on the vehicle.
B. The applicant's signature on the application for title or the application for registration only is consent for the lien or encumbrance to be indicated by the department on its official title record for the vehicle.
C. Except as provided in subsection D and on receipt of the application as provided in this section, the department shall endorse on the application the date and hour it was received at the registering office of the department.
D. The department shall not issue a new certificate of title if the outstanding certificate of title indicates an existing lien or encumbrance unless the lien or encumbrance has been satisfied or the lienor or encumbrancer has consented in writing or electronically to the transfer of title.
A.R.S. § 33-362 Lien for Rent (Landlord Remedies
A. The landlord shall have a lien on all property of his tenant not exempt by law, placed upon or used on the leased premises, until the rent is paid. The lien shall not secure the payment of rent accruing after the death or bankruptcy of the lessee, or after an assignment for the benefit of the lessee's creditors.
B. The landlord may seize for rent any personal property of his tenant found on the premises, but the property of any other person, although found on the premises, shall not be liable therefor. If the tenant fails to allow the landlord to take possession of such property, the landlord may reduce the property to possession by an action to recover possession, and may hold or sell the property for the payment of the rent.
C. The landlord shall have a lien for rent upon crops grown or growing upon the leased premises, whether the rent is payable in money, articles of property or products of the premises, and also for the faithful performance of the terms of the lease, and the lien shall continue for a period of six months after expiration of the term of the lease.
D. When premises are sublet, or when the lease is assigned, the landlord shall have the same lien against the sublessee or assignee as he has against the tenant and may enforce the lien in like manner.
A.R.S. § 33-901 Lien for furnishing labor or machinery upon agricultural land (Farm Services Lien)
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.
A.R.S. § 33-1021. Lien for labor or materials furnished on personal property; right to possess property (Personal Property Lien)
When an article, implement, utensil or vehicle, except motor vehicles, is repaired or cleaned, glazed or washed, with labor, with or without material, by a carpenter, mechanic, artisan or other workman, such person shall have a lien thereon for the labor or material and may retain possession thereof until the amount due is fully paid.
§ 33-1021.01. Dry cleaners' and launderers' lien; foreclosure
A. When any garment, wearing apparel or other article is cleaned, pressed or washed by any dry cleaner or launderer, the dry cleaner or launderer has a lien on the garment, apparel or article for the labor and may retain possession of the garment, apparel or article until the amount due is fully paid.
B. The lien for any article in the possession of a dry cleaner or launderer granted by subsection A may be foreclosed by private or public sale or by disposal in any manner determined by the dry cleaner or launderer if all of the following conditions exist:
1. The dry cleaner or launderer has posted on the premises, plainly visible to the owner or agent of the garment, wearing apparel or other article to be cleaned, pressed or washed, a poster, no less in size than eighteen inches by twenty-four inches, notifying that the garment, apparel or other article may be disposed of on or after ninety days if unclaimed. The notice shall also be imprinted on the receipt given to the owner or agent.
2. The article remains in the possession of the dry cleaner or launderer and the charges are unpaid for a period of ninety days from the date the article is received to be cleaned, pressed or washed.
§ 33-1022. Garages; aircraft
A. Proprietors of garages and repair and service stations shall have a lien upon motor vehicles of every kind and aircraft, and the parts and accessories placed thereon, for labor, materials, supplies and storage for the amount of the charges, when the amount of the charges is agreed to by the proprietor and the owner.
B. The lien shall not impair any other lien or conditional sale of record at the time the labor, materials, supplies and storage were commenced to be furnished, unless furnished with the knowledge and consent of the record lienor or vendor.
C. If a proprietor has a lien on an aircraft pursuant to subsection A of this section, the proprietor who provides labor, materials, supplies and storage for aircraft may relinquish possession of the aircraft and retain the lien by recording the lien with the county recorder of the county in which the labor, materials, supplies or storage were provided. The lien shall be filed with the county recorder within thirty days after possession is relinquished. In addition, the proprietor may record the lien with the federal aviation administration aircraft registry. A lien filed with the federal aviation administration aircraft registry shall comply with all requirements of federal law and shall accurately describe the aircraft, list the amount of the claim, list the date on which the labor, materials, supplies or storage were last furnished, be signed by the claimant showing the title of the signer, if appropriate, and be accompanied by the recording fee.
D. A lien which is filed with a county recorder pursuant to subsection C of this section does not bind a purchaser of the aircraft without actual notice of the lien unless the lien has also been recorded with the federal aviation administration aircraft registry. A lien authorized under subsection C of this section may be foreclosed only by an action in court.
E. When an aircraft lien which has been recorded under this section has been satisfied, the lienholder within thirty days after satisfaction shall issue a release of the lien to the person against whom the lien was claimed and shall record the release of that lien in the county in which the lien was recorded and with the federal aviation administration aircraft registry, if the lien was recorded there. Failure to record a release upon satisfaction of the lien shall subject the lienholder to the penalties prescribed in § 33-712.
§ 33-1022.01. Fabrication work; lien
Persons who fabricate products from patterns, molds, tools, dies and all other equipment and material furnished them by a customer shall have a lien upon all such patterns, molds, tools, dies and all other equipment and material in their possession for the balance due them by the customer for fabrication work which has been accepted by the customer.
44-5501. Restrictions in Consumer Credit Cases
A. This section applies to a consumer credit sale of goods or services.
B. Notwithstanding any agreement to the contrary, if the seller or his assignee retakes goods which were the subject of the sale, the buyer shall not be personally liable for the unpaid balance of the price if the sales price were one thousand dollars or less. If the fair market value of retaken goods exceeds the unpaid balance, the buyer shall be entitled to the difference between the unpaid balance, after first deducting all unearned finance charges, and the fair market value of the goods at the time of retaking, less the seller's or assignee's reasonable costs and expenses as provided in [9-504]. However, the buyer may be liable in damages to the seller or his assignee if the buyer has wrongfully damaged the collateral or if, after default and demand, the buyer has wrongfully failed to make the collateral available to the seller or his assignee.
C. Neither the seller of consumer goods or services nor his assignee may take any other security for a consumer credit sale other than (1) a security interest in goods sold or as to which services have been rendered and (2) in the realty to which such goods may be affixed. If the seller or assignee elects not to retake the goods, but brings an action for the unpaid balance, the goods may not thereafter be retaken and are not subject to judicial process to enforce any judgment obtained therein.
D. "Fair market value" means the price arrived at in good faith which a knowledgeable and willing buyer would pay and a knowledgeable and willing seller would ask for the goods in question. "Good faith" shall be defined as set forth in section 47-1201.
44-5501. Restrictions in Consumer Credit Cases
A. This section applies to a consumer credit sale of goods or services.
44-5501. Restrictions in Consumer Credit Cases
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B. Notwithstanding any agreement to the contrary, if the seller or his assignee retakes goods which were the subject of the sale, the buyer shall not be personally liable for the unpaid balance of the price if the sales price were one thousand dollars or less. If the fair market value of retaken goods exceeds the unpaid balance, the buyer shall be entitled to the difference between the unpaid balance, after first deducting all unearned finance charges, and the fair market value of the goods at the time of retaking, less the seller's or assignee's reasonable costs and expenses as provided in [9-504]. However, the buyer may be liable in damages to the seller or his assignee if the buyer has wrongfully damaged the collateral or if, after default and demand, the buyer has wrongfully failed to make the collateral available to the seller or his assignee.
44-5501. Restrictions in Consumer Credit Cases
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C. Neither the seller of consumer goods or services nor his assignee may take any other security for a consumer credit sale other than (1) a security interest in goods sold or as to which services have been rendered and (2) in the realty to which such goods may be affixed. If the seller or assignee elects not to retake the goods, but brings an action for the unpaid balance, the goods may not thereafter be retaken and are not subject to judicial process to enforce any judgment obtained therein.
44-5501. Restrictions in Consumer Credit Cases
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D. "Fair market value" means the price arrived at in good faith which a knowledgeable and willing buyer would pay and a knowledgeable and willing seller would ask for the goods in question. "Good faith" shall be defined as set forth in section 47-1201.
§ 33-1125(8)
The following property of a debtor used primarily for personal, family or household purposes shall be exempt from process:
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8. One motor vehicle not in excess of a fair market value of one thousand five hundred dollars. If the debtor is maimed or crippled, the fair market value of the motor vehicle shall not exceed four thousand dollars.
§ 33-1130(1)
The following tools and equipment of a debtor used in a commercial activity, trade, business or profession shall be exempt from process:
(1) The tools, equipment, instruments and books of a debtor or the spouse of a debtor primarily used in, and necessary to carry on, the commercial activity, trade, business or profession of the debtor or the debtor's spouse, not in excess of a fair market value of two thousand five hundred dollars. For the purpose of this paragraph, "tools" do not include a motor vehicle primarily used by a debtor for personal, family or household purposes such as transportation to and from the debtor's place of employment.
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2009-02-01 update