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Automotive LAWDOG™ Arizona
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See Arizona Revised Statutes, Title 28 Transportation, a link to ALIS Online, an information service of the Arizona Legislature. Always discuss actual cases with your actual legal advisor or legal department.
Contents The Arizona certificate of title contains forms for assignment of title or interest by owner, with space for liens and encumbrances on vehicle at time of transfer. The certificate of title must also include odometer mileage disclosure statement.  See Arizona Revised Statutes 28-2055
Exclusive Methods For Motor Vehicle Liens The filing procedure and issuance of new certificate of title by Arizona Department of Transportation Motor Vehicles is constructive notice to creditors of the owner or to subsequent purchasers of all liens and encumbrances against the vehicle described in the certificate of title, with limited exceptions.
When Liens Give Notice If the required lien documents are received and filed in a registering office of the department within ten days after execution, the constructive notice dates from time of execution. Otherwise, notice dates from the time of receipt and filing of the documents by department as shown by endorsement.
The procedure described in Arizona Revised Statutes 28-2133 for giving constructive notice of encumbrance on a vehicle or a mobile home required to be titled is exclusive, except for liens dependent on possession. See Arizona Revised Statutes 28-2133.
Forms and Contact Top
Arizona Department of Transportation
Motor Vehicles
4005 North 51st Avenue
Phoenix, Arizona 85031
  • Phoenix, Arizona: (602) 255-0072
  • Tucson, Arizona (520) 882-6245
Title &
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Arizona Revised Statutes, Title 28

Arizona Uniform Commercial Code

Consumer Credit Top

Arizona Revised Statutes  44-143 may limit "confession of judgment" under power of attorney entered upon a note, bond or other instrument in writing for payment of money, unless executed and acknowledged subsequent to date on which debt became due and payable.

Arizona Revised Statutes 44-286  includes requirements and prohibitions which may be involved in retail installment contracts. 

Section 44-5501  (See 44-5501; Version 2 )  may apply to a consumer credit sale of goods or services and provides that if seller or assignee retakes goods which were subject of sale, the buyer shall not be personally liable for the unpaid balance of the price if the sales price were one thousand dollars or less. ... However, the buyer may be liable in damages to the seller or his assignee if the buyer has wrongfully damaged the collateral or if, after default and demand, buyer wrongfully failed to make collateral available to seller or assignee.

Office of the Arizona Attorney General
 
Dealer Licensing Top

Dealers, Sales Finance Companies Must Be Licensed No one may engage in the business of a sales finance company in Arizona without a license administered by the superintendent of banks. No dealer may engage in business in Arizona without a license issued by the administrator. No dealer shall sell or transfer any contract to a person in Arizona not licensed.  See Arizona Revised Statutes 44-282

Garage Keeper Lien Proprietors of garages and repair and service stations have a lien upon motor vehicles of every kind and aircraft, and the parts and accessories placed thereon, for labor, materials, supplies and storage for the amount of the charges, when the amount of the charges is agreed to by the proprietor and the owner. See Arizona Revised Statutes 33-1022.
 
Federal Rules Top
Other Top
Arizona law requires registered vehicles be covered by  minimum insurance of $15,000 bodily injury liability for one person injured or killed and $30,000 for two or more persons and $10,000 property damage. Proof is filed with the Motor Vehicle Division, and Arizona insurance identification card must be carried in vehicle.
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