Title 12, Courts and Civil Proceedings

To entitle a subsequent lienholder to redeem he shall, within the applicable period of redemption as provided in section 12-1282, file with the county recorder of the county in which the sale is made a notice in writing stating that he intends to redeem and specifying his lien an…

A. In redeeming property the judgment debtor shall pay the amount of the purchase price with eight per cent added thereto, together with the amount of any assessments or taxes which the purchaser has lawfully paid thereon after purchase, and interest on such amount. B. Each subse…

A. At the expiration of all the applicable periods of redemption as provided in section 12-1282, and not sooner, upon receipt of the sheriff's original certificate of sale, the sheriff shall execute and deliver a deed to the property sold to the purchaser at the sale, or in case …

A. A redeeming creditor shall deliver to the officer or person from whom he seeks to redeem and serve with his notice to the sheriff: 1. A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court where the judgment is docke…

A. The purchaser, from the time of the sale until redemption, and a creditor from the time of his redemption until another redemption, is entitled to receive from the tenant in possession the rents of the property sold or the value of the use and occupation thereof. When the rent…

A. Until expiration of the time allowed for redemption, the court may with or without notice, on application of the purchaser or the judgment creditor, restrain the commission of waste on the property. B. It is not waste: 1. For the person in possession of the property at the tim…

If a plaintiff claims in his complaint the possession of specific personal property, he may at any time after complying with the provisions of chapter 14 of this title and before rendition of judgment file an affidavit showing: 1. That he is the owner of the property claimed, suf…

After the provisions of chapter 14 of this title are complied with and upon filing of the affidavit prescribed in section 12-1301, the superior court judge or justice of the peace shall make an order requiring the sheriff, or if in a justice court the constable, to take the prope…

The officer shall not take the property until plaintiff executes and delivers to him a bond payable to the defendant, in an amount not less than double the value of the property as stated in the affidavit, conditioned that plaintiff will prosecute the action to effect and without…

The officer, after delivery to him of the bond provided in section 12-1303, shall take the property and deliver it to plaintiff unless the defendant, within two days after the taking, executes and delivers to the officer a bond payable to plaintiff in an amount not less than doub…

The bonds taken by the officer relating to the claim and delivery of personal property shall be filed with the clerk within five days next after they are taken, and with a justice of the peace in three days.

If it appears to the court at any time before trial that either of the bonds is not good and sufficient, it shall order the party to give a new bond with good and sufficient sureties within such time as the court directs. Upon failure of the party to comply with the order, the co…

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or if the defendant by his answer claims a return thereof, the jury, if its verdict is in favor of the plaintiff, or if its verdict is in favor of the defendant a…

A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action was brought entitled to its possession, then on the trial the value …

If at the time of trial the plaintiff is not in possession of the property, or it is not under his control, and the finding is for the defendant, then the alternative judgment shall not be given but only judgment for the value of the property, the damages suffered by its seizure,…

If judgment is against the defendant and at the time thereof he is in possession of the property by reason of the redelivery bond, the judgment shall be against the defendant and the sureties on his bond for the value of the property, the damages for its detention and costs, and …

If the party adjudged to return the property fails so to do at the time and place adjudged, unless by the election he is allowed to retain it, then the party in default shall be adjudged in contempt of the court and shall continue in contempt until he delivers the property as adj…

When the party elects to take the money judgment, the title, by reason of the election, shall at once vest in the other party to the extent of the interest, claim and title of the party electing to take the money judgment.

A. After execution of any bond taken by virtue of this article, the parties to the action shall be barred from any right of action against the officer for seizure and delivery of the property. B. If the officer fails to take or return a bond as required by law, or if the bond tak…

A. An execution may issue for the delivery of personal property to the sheriff or any constable of the county where the property is located and shall require him to deliver possession of the property, sufficiently describing it, to the party entitled thereto. B. The execution sha…

A. When a sheriff or other officer levies a writ of execution, attachment, replevin or similar writ upon personal property and such property or any part thereof is claimed by a person who is not a party to the writ, such person may present a written claim thereto, under oath, to …

The bond shall be conditioned that if the person making the claim fails to establish his right to the property, he will return it to the officer in as good condition as he received it and will pay the reasonable value of the use, hire, increase and profits thereof from the date o…

A. The officer receiving the claim and bond shall deliver the property so claimed to the person claiming it. B. If the writ under which the levy is made is issued by a justice of the peace or court of the county where the levy is made, the officer shall endorse on the writ that t…

The officer taking the bond shall endorse on the original writ that the claim has been made and bond given, stating by whom, the names of the sureties and to what justice or court the bond has been returned, and he shall forthwith return the original writ to the justice or court …

A. When the assessed value of the property does not exceed two hundred dollars, the writ shall be returned to a justice of the peace for trial. When the assessed value is more than two hundred dollars the claim and bond shall be returned for trial to the superior court having jur…

Within twenty days after docketing the matter, the court shall direct that an issue be made up in writing between the parties and tried as in other cases. The issue shall consist of a brief statement of the authority and right by which plaintiff seeks to subject the property levi…

A. If plaintiff appears and defendant fails to appear or neglects or refuses to join issue within such time as the court prescribes, plaintiff shall be given judgment by default. B. If defendant appears and plaintiff fails to appear or neglects or refuses to tender issues within …

A. The proceedings on the trial shall be as in other cases before such courts, as nearly as practicable. B. If the property was taken from possession of the claimant, the burden of proof shall be on plaintiff. If it was taken from possession of defendant in the writ or any other …

A. If claimant fails to establish his right, judgment shall be given against him and his sureties for the value of the property, with legal interest thereon from the date of the bond and for ten per cent damages. When the value is greater than the amount claimed under the writ by…

If within ten days from the giving of judgment against claimant, he returns the property in as good condition as he received it, and pays interest, damages and costs, such delivery and payment shall operate as satisfaction of the judgment.

A. A claim made to property under this article shall operate as a release of all damages by claimant against the officer who levied upon the property. B. Proceedings for the trial of the right of property shall not prevent plaintiff in the writ from having a levy made upon other …

In this article, unless the context otherwise requires: 1. "Association" means either of the following: (a) The unit owners' association organized under section 33-1241. (b) A nonprofit corporation or unincorporated association of owners created pursuant to a declaration to own a…

A. Except with respect to claims for alleged construction defects involving an immediate threat to the life or safety of persons occupying or visiting the dwelling, a purchaser must first comply with this article before filing a dwelling action. B. A seller and the seller's const…

A. Before filing a dwelling action, the purchaser shall give written notice by certified mail, return receipt requested, to the seller specifying in reasonable detail the basis of the dwelling action. A seller who receives notice under this subsection shall promptly forward a cop…

A. In a contested dwelling action, the court or tribunal may award the prevailing party with respect to a contested issue reasonable attorney fees and taxable costs. A purchaser is deemed the prevailing party with respect to a contested issue if the relief obtained by the purchas…

A. A written contract for the sale of a newly constructed dwelling between a buyer of a newly constructed dwelling and the seller responsible for the original construction of the dwelling shall contain, or provide separate notice of, the following provision: Under Arizona Revised…

A. This article does not apply: 1. To personal injury claims. 2. To death claims. 3. To claims for damage to property other than a dwelling. 4. To common law fraud claims. 5. To proceedings brought pursuant to title 32, chapter 10. 6. To claims solely seeking recovery of monies e…