Title 12, Courts and Civil Proceedings

A plaintiff, after complying with the provisions of chapter 14 of this title, may in the following cases have the property of the defendant attached as security for satisfaction of any judgment which may be recovered, unless the defendant gives security to pay such judgment: 1. I…

The clerk or justice of the peace, after complying with the provisions of chapter 14 of this title, shall issue the writ of attachment upon receiving an affidavit by or on behalf of plaintiff, showing any one or more of the requirements for a writ of attachment as set forth in se…

A. After entry of an order pursuant to the requirements of chapter 14 of this title, a writ of attachment may issue although the plaintiff's debt or demand is not due, but final judgment shall not be rendered against the defendant until the debt or demand is due. B. To obtain an …

Before issuance of a writ of attachment, plaintiff shall execute and file a bond payable to defendant in an amount not less than the amount for which action is brought, to be approved by the officer issuing the writ, conditioned that plaintiff will prosecute his action to effect …

A. Every attachment issued without the affidavit and bond shall be quashed on motion of defendant. B. The affidavit and bond shall not be void for want of form if they contain all essential matters.

After compliance with the provisions of chapter 14 of this title and upon the execution and filing of the affidavit and bond, the superior court judge or justice of the peace shall immediately issue a writ of attachment directed to the sheriff or any constable of any county where…

A. Several writs of attachment may, at the option of plaintiff, be issued at the same time or in succession and sent to different counties until sufficient property is attached to satisfy the writ. B. The writ may be in the following form: "The State of Arizona. "To the sheriff o…

A. The officer receiving the writ shall immediately execute it by levying upon so much property of defendant subject to levy under the writ and found within his county as is sufficient to satisfy the writ. B. The officer shall levy the writ at his own risk, but he may require the…

A. The writ of attachment shall be levied in the same manner as a writ of execution. B. When real property is attached the officer shall also serve a copy of the writ upon the defendant whose property is attached as a summons is served in a civil action, and make return thereof. …

A. An officer executing a writ of attachment shall return the writ with his action endorsed thereon or attached thereto and signed by him, to the court from which it issued within thirty days after date of the levy. B. The return shall describe the property attached with sufficie…

A. The levy of the writ of attachment upon any property of defendant subject thereto is a lien from the date of the levy on the real property and on such personal property as remains in the custody of the attaching officer and on the proceeds of such personal property as is sold.…

A. When personal property which has been attached is not claimed or replevied, the court or justice of the peace out of whose court the writ was issued may order it to be sold, when it appears that the property is in danger of serious and immediate waste or decay, or that keeping…

The proceeds of the sale as provided in section 12-1533 shall, within five days after the sale, be paid by the officer making the sale to the clerk of the court or justice of the peace, accompanied by a statement in writing and signed by such officer, to be filed in the action, s…

If personal property in custody of an officer under a writ of attachment is not replevied, claimed or sold, the court or justice of the peace may make such order for its preservation or use as appears to be to the interest of the parties.

At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff's debt, or, at defendant…

A. If the attachment is vacated or if the judgment is for defendant, the court shall order the property restored to defendant or exonerate the claim or replevin bond. B. When any property claimed to be exempt is levied upon, defendant may, any time after such levy, apply to the c…

When personal property under attachment has been replevied, the judgment shall also be against defendant and the sureties on his replevin bond for the amount of the judgment, interest and costs, or for the value of the property replevied and interest according to the terms of the…

A. Notwithstanding section 12-1521, federal disability benefits awarded to veterans for service-connected disabilities pursuant to 38 United States Code chapter 11: 1. Are exempt from the claim of creditors. 2. Are not subject to attachment, levy or seizure under any legal or equ…

A. The party in whose favor a judgment is given, at any time within ten years after entry of the judgment and within ten years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforce…

A. Executions are either general or special. 1. A general execution is one which commands the officer to whom it is addressed to make the amount of the judgment out of property of the judgment debtor without specifying the particular property. 2. A special execution is one which …

A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer: 1. If the execution is against the property of the judgment debtor, to satisfy the judgment, with interest, out of the personal property of the debtor, …

A special execution shall set forth in substance the portions of the judgment which command the sale or delivery of specific property and the amount of costs or damages, if any, and shall require the officer: 1. If the judgment directs the sale of specific real or personal proper…

A. An execution shall be made returnable to the clerk of the court issuing it at any time not less than ten nor more than ninety days after its receipt by the officer to whom directed. B. When the execution is returned the clerk shall note in the proper docket the amount made by …

When a judgment requires the performance of any act other than is designated in the preceding sections of this article, a certified copy of the judgment shall be served upon the party against whom the judgment was given, or upon the person required by the judgment or by law to ob…

A. A general execution may be issued to the sheriff of any county in the state, and executions may be issued at the same time, or different times, to different counties. B. A special execution requiring sale of specific property, or delivery of real or personal property shall be …

A. All property, real and personal, not exempt by law, and all property and rights of property seized and held under attachment or garnishment in an action, are liable to execution. B. Shares and interests in a corporation, and debts and credits, choses in action, and all other p…

The officer to whom the writ is directed shall make the levy as follows: 1. To levy on real estate it is sufficient that the officer endorse the levy on the writ of execution and record with the county recorder of the county where the real property is situated a copy of the writ …

A. When judgment has been rendered on service by publication, and defendant has not appeared, a new trial may be granted upon application of defendant for good cause shown by affidavit, made within one year after rendition of judgment. B. Execution of the judgment shall not be st…

If a party recovering judgment has a lien on any property by mortgage or otherwise, or by levy of any writ of attachment or garnishment, no further levy upon such property is necessary, and it may be sold without further levy.

A. An officer shall execute a general execution against the property of a judgment debtor by levying on a sufficient amount of property, if there is a sufficient amount of such property, and collecting or selling the things in action and selling the other property and paying to t…

A person against whom an action is pending or against whom a judgment has been rendered for the recovery of personal property who knowingly conceals, sells or disposes of such property with intent to hinder or delay execution of the judgment, or with like intent removes the prope…

If there is a reasonable doubt about the equity interest of a judgment debtor in any property or the liability for the seizure of the property on execution, the officer may require sufficient security from the judgment creditor to indemnify the officer. If security is not provide…

A. After the officer has completed his levy on the personal property of the judgment debtor, the officer shall secure the property until it is sold. The officer may store the property in a facility operated by the county for this purpose or in a private facility selected by the j…

A. This section applies to execution upon real property under a judgment obtained pursuant to section 33-725 or obtained pursuant to section 33-814 or obtained against a guarantor or any other person directly, indirectly or contingently liable on a debt for which a judgment under…

A. The prevailing party shall file a satisfaction of judgment in the superior court within forty days after a judgment has been paid in full. B. If the prevailing party fails to file a satisfaction of judgment or cannot be located after the opposing party has exercised due dilige…

In this article, unless the context otherwise requires: 1. "Deliver" means any of the following: (a) To hand deliver. (b) To mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipi…

A. The provisions of this article are applicable to garnishments of any of the following: 1. Indebtedness owed to a judgment debtor by a garnishee for monies which are not earnings as defined in section 12-1598, paragraph 4. 2. Monies held by a garnishee on behalf of a judgment d…

A. The clerk of the court or justice of the peace shall issue writs of garnishment, returnable to their respective courts, upon the filing of the application required by section 12-1572 and the bond required by section 12-1573. B. City and town magistrates may issue writs of garn…

A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person on the judgment creditor's behalf makes an application in writing. The application shall contain the following: 1. A statement that the applicant is a judgment creditor. 2. A st…

If a garnishment is requested and no judgment has been entered, a writ shall not be issued until the judgment creditor executes and delivers to the court a bond payable to the judgment debtor in the amount of the debt claimed therein, conditioned that the judgment creditor will p…

A. When the judgment creditor has complied with the applicable provisions of sections 12-1572 and 12-1573, the clerk, justice of the peace or city or town magistrate shall issue a writ of garnishment of monies or property and a summons commanding the garnishee to appear before th…

A. Monies owing to a judgment debtor by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, maintaining branch offices, or credits or other effects belonging to a judgment debtor and in the poss…

A. From and after the service of all of the documents required to be served pursuant to section 12-1574 the garnishee shall not pay to the judgment debtor any monies or deliver to him any personal property which is not exempt, and the garnishee, if a corporation in which the judg…

The writ, whether issued in the superior court, the justice court or the municipal court, shall require the garnishee to answer within ten days after being served with the writ.

A. The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ. If a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to each judg…

A. A party who has an objection to the writ of garnishment, the answer of the garnishee or the amount held by the garnishee or a party claiming an exemption from garnishment, not later than ten days after the receipt of the answer, may file a written objection and request for hea…