Sections
Article 1 Arbitration 12-1501 – 12-1518
Article 2 Attachment 12-1521 – 12-1539
Article 3 Execution of Judgments 12-1551 – 12-1566
Article 4 Garnishment of Monies or Property 12-1570 – 12-1597
Article 4.1 Garnishment of Earnings 12-1598 – 12-1598.17
Article 5 Garnishment of Salaries and Wages of Public Officers and Employees 12-1601 – 12-1604
Article 6 Renewal of Judgment 12-1611 – 12-1613
Article 7 Sales Under Execution 12-1621 – 12-1626
Article 8 Supplemental Proceedings 12-1631 – 12-1635
Article 9 Suretyship 12-1641 – 12-1646
Article 11 Revised Uniform Enforcement of Foreign Judgments Act 12-1701 – 12-1708
Article 12 Monetary Judgment Awards to Prisoners 12-1721

Terms Used In Arizona Laws > Title 12 > Chapter 9

  • Address: means a mailing address. See Arizona Laws 10-140
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Articles of incorporation: means the original or restated articles of incorporation or articles of merger and all amendments to the articles of incorporation or merger and includes amended and restated articles of incorporation and articles of amendment and merger. See Arizona Laws 10-140
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficial shareholder: means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder. See Arizona Laws 10-1301
  • Board of directors: means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated and includes the governing body or bodies of a water users' association if the articles of incorporation of such water users' association provide for a governing body or bodies denominated other than as a board of directors. See Arizona Laws 10-140
  • Bylaws: means the code of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name by which those rules are designated. See Arizona Laws 10-140
  • Certificate of disclosure: means the certificate of disclosure described in section 10-202. See Arizona Laws 10-140
  • Class: refers to a group of memberships that have the same rights with respect to voting, dissolution, redemption and transfer. See Arizona Laws 10-3140
  • Commission: means the Arizona corporation commission. See Arizona Laws 10-140
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means the issuer of the shares held by a dissenter before the corporate action or the surviving or acquiring corporation by merger or share exchange of that issuer. See Arizona Laws 10-1301
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • court: as used in this article , means the superior courts of the state of Arizona, and venue of the appropriate superior court shall be determined as in any other civil action. See Arizona Laws 12-1516
  • Court: means the superior court of this state. See Arizona Laws 10-140
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Debt scheduling: means counseling and assistance provided to persons by a qualified debt counseling organization if:

    (a) The counseling and assistance are manifested by a written agreement. See Arizona Laws 12-1598

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deliver: means any of the following:

    (a) To hand deliver. See Arizona Laws 12-1570

  • Deliver: means any of the following:

    (a) To hand deliver. See Arizona Laws 12-1598

  • Deliver: includes sending by mail, private courier, fax or electronic transmission. See Arizona Laws 10-140
  • Delivery: means actual receipt by the person or entity to which directed and for electronic transmissions means receipt as described in section 44-7015, subsection B. See Arizona Laws 10-140
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Director: means the director of the department. See Arizona Laws 3-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposable earnings: means that amount remaining from the gross earnings for a pay period after the deductions required by state and federal law. See Arizona Laws 12-1598
  • Dissenter: means a shareholder who is entitled to dissent from corporate action under section 10-1302 and who exercises that right when and in the manner required by article 2 of this chapter. See Arizona Laws 10-1301
  • Dissolved: means the status of a corporation on either:

    (a) Effectiveness of articles of dissolution pursuant to section 10-1403, subsection B or section 10-1421, subsection B. See Arizona Laws 10-140

  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Arizona Laws 10-140
  • Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-1201
  • Docket: A log containing brief entries of court proceedings.
  • domestic corporation: means a corporation for profit that is not a foreign corporation and that is incorporated under or subject to chapters 1 through 17 of this title. See Arizona Laws 10-140
  • Earnings: means compensation paid or payable for personal services, whether these payments are called wages, salary, commission, bonus or otherwise. See Arizona Laws 12-1598
  • Effective agreement: means an agreement under which no act of termination has occurred. See Arizona Laws 12-1598
  • Electronic transmission: means an electronic record as defined in section 44-7002 that is sent pursuant to section 44-7015. See Arizona Laws 10-140
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes a corporation, foreign corporation, not for profit corporation, profit and not for profit unincorporated association, nonprofit corporation, close corporation, corporation sole or limited liability company, a professional corporation, association or limited liability company, a business trust, estate, partnership, registered limited liability partnership, trust or joint venture, two or more persons having a joint or common economic interest, any person other than an individual and a state, the United States and a foreign government. See Arizona Laws 10-140
  • Equine: means horses, mules, burros and asses. See Arizona Laws 3-1201
  • Executed by the corporation: means executed by manual or facsimile signature on behalf of the corporation by a duly authorized officer or, if the corporation is in the hands of a receiver or trustee, by the receiver or trustee. See Arizona Laws 10-140
  • Exempt earnings: means those earnings or that portion of earnings which pursuant to state or federal law is not subject to judicial process including garnishment. See Arizona Laws 12-1598
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Filing: means the commission completing the following procedure with respect to any document delivered for that purpose:

    (a) Determining that the filing fee requirements of section 10-122 have been satisfied. See Arizona Laws 10-140

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: means a corporation for profit that is incorporated under a law other than the law of this state. See Arizona Laws 10-140
  • Foreign judgment: means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. See Arizona Laws 12-1701
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Arizona Laws 12-1570
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Arizona Laws 12-1598
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual: includes the estate of an incompetent or deceased individual. See Arizona Laws 10-140
  • Insolvent: means inability of a corporation to pay its debts as they become due in the usual course of its business. See Arizona Laws 10-140
  • Interest: means interest from the effective date of the corporate action until the date of payment at the average rate currently paid by the corporation on its principal bank loans or, if none, at a rate that is fair and equitable under the circumstances. See Arizona Laws 10-1301
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Judgment creditor: means a person or entity that has a money judgment or an order for support of a person that is due and unpaid or an order pursuant to chapter 14 of this title allowing him to garnish monies, personal property or shares of stock before final judgment on the underlying action. See Arizona Laws 12-1570
  • Judgment creditor: means a party who has a money judgment or an order for support of a person that is due and unpaid. See Arizona Laws 12-1598
  • Judgment debtor: means a person or entity against which a money judgment has been awarded or against which an order for support of a person is due and unpaid or against which an order pursuant to chapter 14 of this title has been entered. See Arizona Laws 12-1570
  • Judgment debtor: means a party against whom a money judgment or order for support of a person has been awarded. See Arizona Laws 12-1598
  • Known place of business: means the known place of business required to be maintained pursuant to section 10-501. See Arizona Laws 10-140
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means cattle, equine, sheep, goats and swine, except feral pigs. See Arizona Laws 3-1201
  • Livestock officer: means an animal health and welfare officer, animal health and welfare inspector or investigator employed by the department. See Arizona Laws 3-1201
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • Member: means , without regard to what a person is called in the articles of incorporation or bylaws, any person or persons who, pursuant to a provision of a corporation's articles of incorporation or bylaws, have the right to vote for the election of a director or directors. See Arizona Laws 10-3140
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monies: includes cash, credit and accounts, but does not include earnings as defined in section 12-1598, paragraph 4. See Arizona Laws 12-1570
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Newspaper: has the meaning set forth in section 39-201. See Arizona Laws 10-140
  • Nonexempt earnings: means those earnings or that portion of earnings which is subject to judicial process including garnishment. See Arizona Laws 12-1598
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Payday: means the fixed, regular day for payment of wages designated by an employer pursuant to section 23-351. See Arizona Laws 12-1598
  • Person: includes an individual and entity. See Arizona Laws 10-140
  • Personal property: means all property and interests to which a security interest may be perfected pursuant to title 47, chapter 9, except accounts. See Arizona Laws 12-1570
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • President: means that officer designated as the president in the articles of incorporation or bylaws or, if not so designated, that officer authorized in the articles of incorporation, bylaws or otherwise to perform the functions of the chief executive officer, irrespective of the name by which designated. See Arizona Laws 10-140
  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located or in any other document executed by the corporation by an officer and delivered to the commission for filing. See Arizona Laws 10-140
  • Proceeding: includes a civil suit and a criminal, administrative and investigatory action. See Arizona Laws 10-140
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Publish: means to publish in a newspaper of general circulation in the county of the known place of business for three consecutive publications. See Arizona Laws 10-140
  • Qualified debt counseling organization: means a nonprofit corporation authorized to do business in this state for the purpose of counseling persons with respect to their financial obligations and assisting them in dealing with their creditors. See Arizona Laws 12-1598
  • Quorum: The number of legislators that must be present to do business.
  • Receipt: means actually received. See Arizona Laws 12-1570
  • Receipt: means actually received. See Arizona Laws 12-1598
  • Record shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Arizona Laws 10-1301
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secretary: means that officer designated as the secretary in the articles of incorporation or bylaws or that officer authorized in the articles of incorporation, the bylaws or otherwise to perform the functions of secretary, irrespective of the name by which designated. See Arizona Laws 10-140
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Arizona Laws 10-140
  • Shareholder: means the record shareholder or the beneficial shareholder. See Arizona Laws 10-1301
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Arizona Laws 10-140
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • trustees: means individuals, designated in the articles of incorporation or bylaws or elected by the incorporators, and their successors and individuals elected or appointed by any other name or title to act as members of the board. See Arizona Laws 10-3140
  • United States: includes a district, authority, bureau, commission and department and any other agency of the United States. See Arizona Laws 10-140
  • Venue: The geographical location in which a case is tried.
  • Vote: includes authorization by written ballot and written consent. See Arizona Laws 10-3140
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or chapters 1 through 17 of this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Arizona Laws 10-140
  • Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote that is contingent on the happening of a condition or event that has not occurred at the time. See Arizona Laws 10-3140
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
  • written: includes blockchain technology as defined in section 44-7061. See Arizona Laws 10-140