Skip to main content
    Skip to explanation
    A.R.S. § 33-968

    Clearing a Judgment Lien Attached to the Wrong Arizona Owner

    Verified June 8, 2026 • 57th Legislature, 2nd Regular Session

    When a recorded judgment appears to lien the property of someone who is not the debtor because of a same or similar name, that owner can demand a release. If the creditor does not release the lien within fifteen days, the owner can go to court and recover damages and attorney fees.

    Title 33, LIENS

    azleg.gov

    What This Statute Says

    Names get confused. This section gives a property owner a remedy when a recorded judgment appears to create a lien on their land only because their name matches or resembles the actual judgment debtor's name.

    If a recorded money judgment or a certified copy of a money judgment appears to create a judgment lien on the real property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the erroneously identified property owner may deliver to the judgment creditor a written demand for a recordable document that releases the lien.

    A.R.S. § 33-968

    When This Statute Comes Into Play

    This remedy is used when:

    • A title search wrongly flags a judgment against an owner who simply shares a name with the real debtor.
    • A sale or refinance is held up by a lien that does not actually belong to the owner.
    • A creditor refuses or delays releasing a mistaken lien.

    What This Means for Arizona Families

    Sharing a common name with a stranger can cause a real headache at closing. If a recorded judgment looks like it liens your property only because your name matches the actual debtor's, this section lets you demand a release with reasonable proof that you are not that person. The creditor then has fifteen days to deliver a recordable release.

    If the creditor drags its feet, the law has teeth. You can ask a court to release the lien and recover your damages, with a presumed minimum, plus attorney fees for the prevailing party. Our FAQ on clearing a false or invalid lien in Arizona covers similar cleanup, and our glossary defines an encumbrance. If a mistaken judgment lien clouds your family's property, an Arizona estate planning attorney can help you force a release.

    A. If a recorded money judgment or a certified copy of a money judgment appears to create a judgment lien on the real property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the erroneously identified property owner may deliver to the judgment creditor a written demand for a recordable document that releases the lien. The demand shall be accompanied by reasonable proof that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment against the judgment debtor. B. Within fifteen days after receipt of the property owner's demand and compliance with subsection A, the judgment creditor shall deliver to the property owner a recordable document that releases the lien on the property of that owner. If the judgment creditor improperly fails to deliver a recordable document within that time, the judgment creditor is liable to the property owner for all damages incurred by reason of the failure and is presumed liable for at least five hundred dollars. C. If the judgment creditor does not deliver a document as prescribed by subsection B, the property owner may apply to the court for an order releasing the judgment lien. The application shall be served on the judgment creditor. On presentation of evidence satisfactory to the court that the property is not subject to the judgment, the court shall order the judgment creditor to prepare and deliver a recordable document that releases the lien or by order of the court may release the judgment lien on the property. The order may be recorded in the office of the county recorder in the county where the property is located and shall release the judgment lien on the property. D. The court shall award reasonable attorney fees to the prevailing party in any action pursuant to this section. E. The damages and other remedies provided by this section are not in derogation of any other remedy that a person may be entitled to by law.
    View on azleg.gov

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

    Related Questions

    How Long Do Creditors Have to Come After My Loved One's Estate During Arizona Probate?

    Creditors generally have four months from the date the personal representative publishes a notice to creditors to file claims against the estate. If no notice is published, creditors may have up to two years after the person died to bring claims.

    If I inherit money or property, can my own creditors come after it in Arizona?

    Inherited property is separate property in Arizona, but your own creditors can still reach it once you receive it. A spendthrift trust under A.R.S. 14-10502 offers stronger protection by shielding trust assets from creditor claims before distribution.

    What is a fraudulent lien and how do I clear a false lien on my property in Arizona?

    A fraudulent lien is a false document recorded with the county recorder's office that claims someone has an interest in your property. Arizona law (A.R.S. 33-420) allows property owners to clear title through a special court action and recover at least $5,000 or triple damages, plus attorney fees and costs.

    Related Services

    Transfers, purchases, and inherited property

    Arizona Deeds

    How your property is titled determines whether it avoids probate. We prepare and record the right deed for your situation.

    Learn more
    Included with every RJP estate plan

    Settlement Guidance

    When a loved one passes, we walk your successor trustee through every step of settling the estate. No extra charge. No time limit.

    Learn more
    Get Started Today

    Need Help With Your Estate Plan?

    Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

    Schedule a Free Consultation(480) 346-3570