Arizona Writ of Execution

State:
Multi-State
Control #:
US-FED-0046
Format:
Word
Instant download

Description

This form is for use in handling a procedural matter in a federal court proceeding.
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How to fill out Writ Of Execution?

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FAQ

The Writ of Restitution gives the tenant a maximum of 12 hours to 5 days, depending on the reason for eviction to vacate the property.

If they do not pay, at your request the court may provide you with forms you may file to try to collect. If the other party does not make full payment, you may file a request to have the writ issued. If these writs are not effective in collecting the judgment, obtaining the services of an attorney may be helpful.

The Constable or Sheriff is required by law to serve and return the Writ to the Court within 60 days of receiving it. It is important to remember that once a Writ has been issued, and if it is successful, the Judgment-Creditor may not receive any money from any sale for up to 60 days.

In order for a landlord to evict a tenant, the tenant must have violated their obligations under their lease, such as using the property for an unallowed purpose, or not paying the rent. The landlord may then retake possession of the property after the tenant has violated the terms of the lease.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arizona, a judgment lien can be attached to real estate only (meaning a house or similar property).

A Writ of Execution allows the Constable to seize the judgment debtor's non-exempt PERSONAL PROPERTY and hold it for sale at public auction, for the purpose of satisfying the judgment. There are issuance fees and constable fees associated with a writ of execution.

The landlord must hold the tenant's personal property for 14 days after the constable or sheriff serves the writ of restitution, but the tenant must pay for the cost of removal and storage (NOT the judgment amount) to recover personal property. Certain personal items are excluded from this requirement.

A Writ of Execution allows the Constable to seize the judgment debtor's non-exempt PERSONAL PROPERTY and hold it for sale at public auction, for the purpose of satisfying the judgment.

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Arizona Writ of Execution