This is one of the procedures covered in Small Claims in Arizona Justice Courts. If a justice court has already entered judgment in your favor and the defendant has not paid, this article walks through what changes after the hearing, the post-judgment tools Arizona makes available to small claims plaintiffs, and the deadlines that keep the judgment alive.
The judgment is the start, not the finish
Winning the case settles who is right. Collecting the money is a separate step that the court does not handle for the plaintiff. Once the justice of the peace or hearing officer signs the judgment, the prevailing party becomes a “judgment creditor” and the losing party becomes a “judgment debtor.” The clerk enters the judgment on the small claims court record under A.R.S. § 22-521. The clerk does not chase the debtor for payment.
The judgment is enforceable for ten years from the date of entry under A.R.S. § 12-1551. After ten years pass with no renewal, no writ of execution or other process can be issued, and the judgment is unenforceable in court. The same statute requires renewal by affidavit or by a new action within that window if the creditor wants more time.
Many defendants pay voluntarily once judgment is entered, particularly when the amount is modest and the defendant has the funds. A short written demand sent after judgment, citing the case number and the amount, resolves a meaningful share of cases without further court process. Defendants who do not pay generally fall into two groups: those who cannot, and those who will not. The collection tools below address the second group and surface assets that change the answer for the first.
Begin with a debtor’s examination
The most useful early step after an unpaid judgment is a debtor’s examination, also called a judgment debtor exam. The point of the exam is information: where the debtor works, where the debtor banks, what the debtor owns, and what the debtor can pay. Without that information, a writ of execution or garnishment is a guess.
A.R.S. § 22-524 gives small claims plaintiffs a direct path to the exam. The judge can order the debtor to participate at the time of judgment, either on the prevailing party’s request or on the court’s own initiative. The hearing can happen immediately after judgment or be set within ten days. At the hearing, the debtor must disclose information on assets and liabilities, including money, property, corporate shares, loans, and support payments.
A debtor who fails to appear at a properly noticed exam can be held in contempt, and the court can issue a body attachment ordering the debtor brought to court. Answers come under oath, and false statements expose the debtor to perjury liability.
Writ of execution: levy on personal property
A writ of execution is the court order that lets a constable or sheriff seize the debtor’s non-exempt personal property to satisfy the judgment. The writ issues from the court that entered the judgment (for a small claims case, the justice court) and runs against assets in the county where the writ is served.
The party in whose favor the judgment was given may have a writ of execution issued at any time within ten years of entry, per A.R.S. § 12-1551. The writ does not need to be served right away; many creditors wait until a debtor’s examination identifies a leviable asset.
In practice, writs of execution are most useful when the debtor owns a vehicle worth more than the exemption cap, business equipment that does not fit the tools-of-the-trade exemption, or non-exempt cash held outside a single protected account. A constable will not levy property the debtor does not actually own; identifying ownership before requesting the writ saves the fee, which as of 2026 is $118 in Maricopa County including minimum mileage.
Garnishment: wages and bank accounts
Garnishment routes payment through a third party, the debtor’s employer or bank, instead of relying on the debtor to hand over assets. Arizona splits garnishment into two tracks: garnishment of non-earnings (mostly bank accounts) and garnishment of earnings (wages). Justice courts have authority to issue both. A.R.S. § 12-1571 directs the clerk of the court or justice of the peace to issue writs of garnishment on the filing of the required application and bond.
Wage garnishment is the more common tool for small claims judgments because most working debtors have one employer and few non-exempt assets in the bank. Arizona caps how much of a paycheck a garnishment can reach. Under A.R.S. § 33-1131, the maximum subject to garnishment in any workweek is the lesser of ten percent of the debtor’s disposable earnings for that week or the amount by which disposable earnings exceed sixty times the applicable minimum wage. This cap is more debtor-protective than the federal Consumer Credit Protection Act floor of 25 percent and applies in Arizona regardless of where the federal floor would otherwise apply.
A wage garnishment is not a one-time event. It runs as a continuing lien on earnings: once the court orders the garnishment, the employer withholds the non-exempt portion from each paycheck until the judgment is satisfied or the lien terminates. A.R.S. § 12-1598.10 sets the rules for the continuing lien, including the conditions that end it: full satisfaction, the debtor leaving the employer for more than sixty days, a release by the creditor, a court order quashing the writ, or a stay from a bankruptcy court.
Get the answers you need from a debtor's examination first
Find out where the debtor works (for wage garnishment) or banks (for non-earnings garnishment). Garnishment paperwork directed at the wrong employer or a bank where the debtor has no account costs filing fees and yields nothing.
File the application for the writ
File the application for a writ of garnishment with the justice court that entered the judgment, along with the bond and any required forms. The Arizona Judicial Branch [garnishment self-help packet](https://www.azcourts.gov/selfservicecenter/Garnishment) includes the application, summons, and judgment-debtor notices.
Serve the writ on the garnishee
The garnishee (employer or bank) must be served, not the debtor. Service triggers the garnishee’s duty to answer and to begin withholding.
Wait for the garnishee's answer
The garnishee files an answer disclosing the employment relationship and any non-exempt earnings owed, or the account balance subject to garnishment. The debtor has a chance to file a written objection.
Apply for an order of continuing lien (for wages)
After the garnishee’s answer, the creditor applies for the court order directing the garnishee to transfer the withheld earnings to the creditor and establishing the continuing lien on future earnings.
A non-earnings garnishment served on a bank captures the non-exempt balance in the account at the moment of service. Because A.R.S. § 33-1126 exempts a single account up to the statutory cap, a bank garnishment that hits an account at or under the cap returns nothing.
Judgment liens on real property
A recorded judgment becomes a lien on the debtor’s real property in the county where the judgment is recorded. The lien does not force a sale, but it follows the property: when the debtor sells or refinances, the lien must be paid off through escrow before title transfers free and clear. For debtors who own a home, this is often the tool that eventually produces payment.
A.R.S. § 33-961 sets the recording procedure. A certified copy of the judgment, together with an information statement under § 33-967, is recorded with the county recorder in each county where the creditor wants the lien to attach. The certified copy must include the court title, case number, date of entry, names of debtor and creditor, the amount, and the creditor’s attorney of record. Substantial compliance with both § 33-961 and § 33-967 is what makes the lien attach; failure to comply means no lien.
Arizona’s homestead exemption (in a separate section of Title 33) shelters a portion of the debtor’s equity in a primary residence from forced sale. The lien itself still attaches and still must be satisfied on transfer; the homestead protects only against being forced to sell. A recorded judgment also accrues post-judgment interest at the statutory rate, which compounds the balance owed if the debtor delays payment.
Keep the judgment alive
A judgment in Arizona is enforceable for ten years, but only if it is not allowed to lapse. A.R.S. § 12-1611 permits renewal by action (filing a new lawsuit on the judgment) at any time within ten years of the original entry. A simpler path is renewal by affidavit under § 12-1612, which extends the judgment for another ten years if filed correctly within the original ten-year window.
Renewal carries forward the judgment amount plus accrued interest. The renewed judgment is itself good for another ten years, and can be renewed again. A small claims judgment that goes uncollected for years can still be enforced if it has been renewed on schedule, which is one reason creditors record the judgment as a lien even when immediate collection is not promising. The lien sits, the renewal preserves the right, and the debtor’s eventual sale or refinance brings payment through escrow.
Frequently asked questions
Does the court collect the judgment for me?
No. Arizona small claims judgments are enforced by the prevailing party using post-judgment tools the court issues on request: writs of execution, writs of garnishment, recorded liens, and debtor’s examinations. The justice court entered the judgment but does not pursue payment or identify the debtor’s assets on behalf of the creditor.
Can I appeal if the debtor refuses to pay?
A refusal to pay is not appealable. Small claims judgments in Arizona are not appealable at all under the small claims rules. The remedy for non-payment is collection through the tools described in this article, not appeal.
What if the debtor moves out of Arizona?
An Arizona judgment can be enforced against a debtor in another state, but the creditor has to register the judgment in the other state under that state’s version of the Uniform Enforcement of Foreign Judgments Act. Once registered, the out-of-state judgment is treated like a judgment of that state’s courts.
What if the debtor files for bankruptcy?
A bankruptcy filing triggers an automatic stay under federal law that halts collection activity, including writs of execution, garnishments, and lien enforcement. The judgment is not automatically erased; whether the debt is discharged depends on the bankruptcy chapter, the nature of the debt, and any objections the creditor files. Creditors with notice of the bankruptcy must stop collection immediately, and violation of the automatic stay can expose the creditor to sanctions.
Can I collect interest on the unpaid judgment?
Yes. Arizona judgments accrue post-judgment interest at the statutory rate from the date of entry until paid. The rate is set by statute and changes periodically. Interest is recoverable as part of the judgment when the creditor enforces it; the amount due is the original judgment plus accrued interest, less any partial payments.
Sources
- A.R.S. § 12-1551, Issuance of writ of execution and ten-year limit
- A.R.S. § 22-524, Small claims debtor’s examination
- A.R.S. § 33-961, Recording judgments and perfecting lien on real property
- A.R.S. § 33-1131, Arizona wage garnishment cap
- Arizona Judicial Branch, Garnishment Self-Service Center
- Arizona Judicial Branch, Civil Law Self-Service Center
- Maricopa County Justice Courts, Small Claims Information and Fees