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Won small claims case, defendant (no show) complained, judge ordered it be re-heard

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adjusterjack

Senior Member
Question. The state of Arizona has a list of items that the judgement debtor needs to bring to an exam. It is outdated telling the debtor to bring last years tax returns, property owned, bank accounts, etc.

I don't know where you are reading that but neither the statutes nor the rules of court have any such limitation. I'm guessing you read some guides with suggested items. They are only suggestions.

See ARS 12-1631 through 12-1635:

https://law.justia.com/codes/arizona/2016/title-12/

ARS 22-524:

https://law.justia.com/codes/arizona/2011/title22/section22-524/

Justice Court Rule 147:

https://govt.westlaw.com/azrules/Do...ype=CategoryPageItem&contextData=(sc.Default)

Arizona Rules of Civil Procedure Rule 69:

https://govt.westlaw.com/azrules/Do...ype=CategoryPageItem&contextData=(sc.Default)

Will the court allow me to request this sort of stuff?

The court has nothing to say about what you request unless the Defendant makes specific objections to specific items and then you respond with cause as to why his objections shouldn't be granted.

Keep in mind that Arizona has exempts quite a bit of personal, and some business, property from judgment and that which is not exempt might be costly to attach. The exemptions from judgment are the same as the exemptions for bankruptcy. Statute numbers are listed at:

https://www.thebankruptcysite.org/exemptions/arizona.html
 

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