How to Collect a Judgment in Arizona
The Court Won't Collect for You
Winning a small claims case in Arizona feels like the finish line — until you realize the Justice Court doesn't lift a finger to collect the money. The judgment is your authorization to pursue collection, not a check in the mail. Under A.R.S. § 22-520(D), the judgment is due and payable immediately, and collection may proceed through the procedures in A.R.S. §§ 22-243 through 22-246.
That gap between winning and getting paid is where most people get stuck. Court clerks can provide forms and procedural guidance, but they cannot give individualized legal advice or choose an enforcement strategy for you.
Start with a Written Demand
Before wage garnishment, make a demand for payment; a written letter is a useful record of it. A demand can also be a useful first step before other tools, but it is not a statutory prerequisite to them. Include the case number, total owed (principal plus accrued interest and costs), your payment address, and a reasonable deadline — 10 to 14 calendar days is standard.
For wage garnishment, A.R.S. § 12-1598.03 requires your application to state that you demanded payment, the debtor has not paid the amount due, and the debtor is not already making agreed payments of the nonexempt portion of wages until the judgment is satisfied. Sometimes a formal letter on its own gets results, saving you the filing fees and constable costs of enforcement.
Keep it purely factual. No threats, no harassment, no mention of arrest. If the debtor doesn't respond by your deadline, you move to the enforcement tools.
Find Out What They Own
If you don't know whether the debtor has a job, a bank account, or property, your next step is a Judgment Debtor Examination under A.R.S. § 12-1631. You file a Petition for Supplemental Proceedings at the Justice Court where your case was decided. The judge issues an Order for Appearance requiring the debtor to show up, under oath, with financial documents — pay stubs, bank statements, tax returns, vehicle titles.
A constable or process server must personally serve the order at least 48 hours before the hearing. If the debtor doesn't show, the court can issue a Civil Arrest Warrant.
This examination is the foundation for everything that follows. Once you know where the money is, you can pick the right enforcement tool.
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Pick Your Enforcement Tool
Arizona gives judgment creditors several options, and the right one depends on what the debtor has:
Wage garnishment targets the debtor's paycheck through their employer. Under Proposition 209, the maximum you can take is the lesser of 10% of disposable weekly earnings or the amount exceeding 60 times the highest applicable federal, state, or local minimum wage. You file an Application for Writ of Garnishment (AOCCVGE1F) and have a constable serve the employer.
Bank account garnishment freezes funds on deposit at the moment the bank receives the writ. Unlike wages, this is a one-time snapshot — you only get what's there right now. Be aware that the first $5,000 in any single account is exempt under Proposition 209 (A.R.S. § 33-1126(A)(9)).
Writ of Execution directs a constable or sheriff to seize non-exempt personal property for sale at public auction. You'll need to advance fees for towing, storage, and publication costs.
Real property lien — if the debtor owns real estate, you can record a lien by transcripting your Justice Court judgment to Superior Court and filing it with the County Recorder. The lien lasts 10 years. On a sale, it can be paid from proceeds after higher-priority liens, sale costs, and the debtor's homestead exemption; on a cash-out refinance, it must be paid from the debtor's cash proceeds. The homestead exemption is up to $400,000 under A.R.S. § 33-1101.
Know the Exemptions Before You Spend Money
Filing fees and constable service costs add up, and none of them are refundable if you go after exempt assets. Arizona's Proposition 209 protections are substantial:
- Wages: 90% of disposable earnings are off-limits
- Bank deposits: The first $5,000 per person per institution is protected
- Home equity: Up to $400,000 is exempt
- Equity in one motor vehicle: $15,000 ($25,000 if the debtor or a dependent has a physical disability)
- Retirement accounts: 100% exempt
Run the numbers before you file. If the debtor's bank balance is under $5,000, a garnishment writ is a waste of your filing fee.
Close the Case Properly
Once you've collected the full judgment amount plus interest and costs, you have 30 days to file a Satisfaction of Judgment with the court. If you recorded liens, file a release with every County Recorder where you recorded. If driver's license restrictions were imposed for an auto accident judgment, notify the MVD.
If you miss the deadline, the debtor may move to compel satisfaction under A.R.S. § 22-525(B); if granted, the judgment is deemed satisfied.
Don't Wait Too Long
Arizona judgments last 10 years from the date of entry (A.R.S. § 12-1551). If your judgment is getting close to that mark, you can renew it by filing an Affidavit of Renewal within the 90 days before expiration. Miss that window and the judgment becomes unenforceable.
The enforcement process takes patience and some upfront costs, but the tools are there. The key is doing them in order: demand letter first, debtor exam to find assets, then the right enforcement action for what you find.
Get the complete Arizona judgment collection guide for step-by-step instructions, form references, and worksheets for every enforcement tool.
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