Arizona Laws 8-345. Restitution lien; definition
A. A person who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344 may file a restitution lien. No filing fee or other charge is required for filing a restitution lien.
Terms Used In Arizona Laws 8-345
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Department: means the department of child safety. See Arizona Laws 8-201
- 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
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
B. A judge, commissioner or juvenile hearing officer shall sign the restitution lien and shall set forth all of the following:
1. The name and date of birth of the juvenile or the parent of the juvenile whose property or other interests are subject to the lien.
2. The present residence or principal place of business of the juvenile or the parent of the juvenile named in the lien, if known.
3. The delinquency proceeding pursuant to which the lien is filed, including the name of the court, the title of the action and the court’s file number.
4. The name and address of the attorney representing the state in the delinquency proceeding pursuant to which the lien is filed or the name and address of the person who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344 and who is filing the lien.
5. A statement that the notice is being filed pursuant to this section.
6. The amount of restitution that the juvenile or the parent of the juvenile has been ordered to pay.
7. A statement that the total amount of restitution owed will change and that the clerk of the superior court shall maintain a record of the outstanding balance.
C. A restitution lien is perfected against interests in personal property by filing the lien with the secretary of state, except that for motor vehicles, the lien shall be filed with the department of transportation. A restitution lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located. The person entitled to restitution may give the additional notice of the lien as the person deems appropriate.
D. The filing of a restitution lien creates a lien in favor of the person in all of the following:
1. Any interest of the juvenile or the parent of the juvenile in real property that is situated in the county in which the lien is filed and that is currently maintained or thereafter acquired in the name of the juvenile or the parent of the juvenile identified in the lien.
2. Any interest of the juvenile or the parent of the juvenile in personal property that is situated in this state and that is currently maintained or thereafter acquired in the name of the juvenile or the parent of the juvenile identified in the lien.
3. Any property identified in the lien to the extent of the juvenile’s or the parent’s interest in the property.
E. The filing of a restitution lien is notice to all persons dealing with the juvenile or the parent of the juvenile or with property identified in the lien of the claim of the person entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344. The lien created in favor of the person pursuant to this section is superior and prior to the claims or interests of any other person, except a person possessing any of the following:
1. A valid lien that is perfected before the filing of the restitution lien.
2. In the case of real property, an interest that is acquired and recorded before the filing of the restitution lien.
3. In the case of personal property, an interest that is acquired before the filing of the restitution lien.
F. This section does not limit the right of the state or any other person entitled to restitution to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized by law.
G. For the purposes of this section, "parent" means a parent who is ordered to make restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344.