Holding that an agreement preventing execution of a judgment tolls the expiration of the judgment’s effective period. This is not news but doesn’t come up all the time even though the fact situation here was routine, which may be why the court published it.
A lawsuit settlement agreement included a stipulated judgment plus a covenant not to execute as long as settlement payments were made. Judgment was entered in 2011; Defendant stopped making payments in 2014, Plaintiff recorded the judgment and began collection proceedings in 2016. At the time, 12-1551 limited the execution period to five years (its now ten) so Defendant filed a motion (presumably for dismissal, though the court does not tell us). The trial court denied it.
The Court of Appeals affirms. It is established law that the enforcement period does not begin to run as long as the judgment is not enforceable. Defendant’s argument was that this does not apply to a private agreement but North Star held otherwise over twenty years ago. The period for enforcement and for renewal did not begin to run until Defendant breached the agreement.
The opinion does not go into great detail; its function is to point out the precedent.
Arizona Appellate Blog 