What This Statute Says
This is Arizona's borrowing statute for foreign judgments. When a judgment from another state or country is no longer enforceable where it was rendered, Arizona will not give it a second life.
An action upon a judgment or decree rendered in another state or foreign country shall be barred if by the laws of such state or country such action would there be barred and the judgment or decree is incapable of being otherwise enforced there.
A.R.S. § 12-549When This Statute Comes Into Play
Common scenarios:
- A creditor seeks to domesticate an old judgment from another state against an Arizona estate.
- A foreign judgment from another country surfaces against a person who relocated to Arizona.
- An estate evaluates whether to pay an old judgment debt or assert defenses.
What This Means for Arizona Families
Estates of people who lived elsewhere before moving to Arizona sometimes face creditors with old judgments. This section makes sure those creditors cannot use Arizona's enforcement rules to revive a judgment that has gone dormant in its home jurisdiction.
If a creditor presents an out-of-state judgment against an Arizona estate, do not accept it at face value. Ask first whether the judgment is still enforceable in the state where it was entered. Many states have shorter enforcement periods than Arizona, and renewal requirements vary widely. Our FAQ on whether creditors can pursue inherited money covers the broader context. An Arizona probate attorney can pull the judgment record and assess whether the borrowing statute ends the claim. Combined with the nonclaim statute filing requirements in Arizona probate, this section often closes the door on stale out-of-state judgments before they ever reach the estate's bank account.