Arizona § 44-1008 - Defenses, liability and protection of transferee
Full text of Arizona Arizona Revised Statutes § 44-1008 — Defenses, liability and protection of transferee, with citation guidance and answers to common questions.
§ 44-1008. Defenses, liability and protection of transferee
A. A transfer or obligation is not voidable under section 44-1004, subsection A, paragraph 1 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
B. Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 44-1007, subsection A, paragraph 1, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection C of this section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against either:
1. The first transferee of the asset or the person for whose benefit the transfer was made.
2. Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.
C. If the judgment under subsection B of this section is based on the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
D. Notwithstanding voidability of a transfer or an obligation under this article, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to any of the following:
1. A lien on or a right to retain any interest in the asset transferred.
2. Enforcement of any obligation incurred.
3. A reduction in the amount of the liability on the judgment.
E. A transfer is not voidable under section 44-1004, subsection A, paragraph 2 or section 44-1005 if the transfer results from:
1. Termination of a lease on default by the debtor if the termination is pursuant to the lease and applicable law.
2. Enforcement of a security interest in compliance with title 47, chapter 9.
Source: official Arizona text · Last verified 2026-08-27
Frequently Asked Questions About Arizona § 44-1008
What does Arizona Revised Statutes § 44-1008 cover?
Section 44-1008 ("Defenses, liability and protection of transferee") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arizona § 44-1008?
A common citation format is "Arizona Revised Statutes § 44-1008" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 44-1008 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.