Free FD Writ of Restitution packet.PDF - Arizona


File Size: 147.2 kB
Pages: 5
Date: July 14, 2006
File Format: PDF
State: Arizona
Category: Court Forms - Local
Author: chesleyd
Word Count: 1,061 Words, 6,994 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.superiorcourt.maricopa.gov/justiceCourts/docs/FD_Writ_of_Restitution_packet.pdf

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MARICOPA COUNTY JUSTICE COURT

If you want to obtain a...

WRIT OF RESTITUTION (to enforce an eviction order)

MARICOPA COUNTY JUSTICE COURT
If a judgment is entered in a Forcible/Special Detainer case the judge will order, among other things, that a WRIT OF RESTITUTION will issue FIVE calendar days from the date of judgment. In the case of IRREPARABLE BREACH, the judge will order that a WRIT OF RESTITITION will issue not less that 12 nor more than 24 hours after judgment (or as soon thereafter as normal court hours allow). If the tenant does not move as ordered, the writ will direct the constable to enforce the court order and carry out the eviction of the tenant.
You must file a Writ of Restitution and pay the issuance and service fees.

Please STOP...
If there has not been a judgment rendered. If the waiting period for the issuance of the Writ of Restitution has not passed. If the judgment is satisfied. If there has been a NEW lease agreement entered with the defendant or is all or part of a new month's rent has been accepted.

Please PROCEED...
If there is a judgment entered in your favor and the prescribed waiting time for the issuance of a Writ of Restitution has passed.

MARICOPA COUNTY JUSTICE COURT FORMS Needed:

Information for Obtaining A Writ of Restitution The clerk will provide a Writ of Restitution form upon request

INSTRUCTIONS:
1. Review the Information for Obtaining a Writ of Restitution. 2. Complete the Writ of Restitution form 3. File the completed form with the court clerk and pay the required fees for issuing and serving the Writ ($97.00, see below). Fee Breakdown: Writ Issuance fee $17.00 Constable fee for serving a Writ of Restitution = $80.00 (plus additional $40.00 for each hour over 3 hours)

IT IS IMPORTANT THAT ALL PARTIES KEEP THE COURT APPRISED OF ANY CHANGE IN ADDRESS A NOTICE OF CHANGE OF ADDRESS form must be filed with the court when a party changes their address.

Visit us at www.superiorcourt.maricopa.gov/justicecourts information and online forms.

for additional filing

INFORMATION FOR FILING FOR A WRIT OF RESTITUTION If five (5) calendar days have passed since your forcible detainer judgment was entered and the defendant(s) continue to hold possession of the property, a Writ of Restitution may be obtained ordering the constable to enforce the judgment for possession by forcibly evicting the tenant(s).
WHEN TO FILE

THE JUDGE MUST SIGN THE WRIT The Judge must sign the writ. The writ will be processed by the court and is generally signed on the same day. It will then be given to the Constable for service. SERVICE OF THE WRIT A Constable or a Deputy Constable must serve the writ. The Constable will serve the writ as promptly and expeditiously as possible. The Constable will serve the writ by posting, if the defendant is not on the premises. PROVIDING FOR LOCK CHANGE, MOVERS AND/OR SECURING PROPERTY If the defendant fails to vacate the property on demand, or within 24 hours thereafter, you may contact the Constable to schedule a date and time for changing the locks. You or your maintenance personnel, or a locksmith, must be available to change the locks and to secure the premises and any personal property left by the tenants. If any personal property is moved from the premises to another storage facility for safekeeping, you must provide the movers. To reclaim their personal property, the tenants are required to pay ONLY for the cost of removal and storage of the property. The property cannot be held for ransom in lieu of payment of the judgment. You can pursue collection of the judgment through other means available to you through the court, (i.e., a Writ of Garnishment or a Writ of Execution). Please refer to the Az.Residential Landlord & Tenant Act for information concerning your responsibility regarding care, holding, moving, and notice and/or surrender and delivery of the tenant's property. ARS 33-1368E,F CANCELLING THE WRIT Cancellation of the service or execution of the writ must be made in writing. Fees paid are non-refundable.

If the judgment was issued as the result of a finding of irreparable breach, a Writ of Restitution may be obtained within 12 24 hours after the judgment is entered.
x YOU CANNOT PROCEED with a WRIT OF

RESTITUTION if you have: Collected money in excess of the judgment amount. Entered into a "new agreement" with the defendant or by accepting all or part of a new months rent. A subsequent demand for the property to be vacated will require the initiation of a new forcible detainer action. FILLING OUT THE FORM Complete the writ form and attach a copy of the judgment. Print clearly and legibly.
IMPORTANT CONSTABLE INFORMATION FOR THE

Please provide the Constable with a contact phone number for yourself or your property manager. If there is any special information about the premises or the tenant(s) that the Constable should be made aware of, please attach a note to the writ. COST OF WRIT OF RESTITUTION The fees are set by statute and are non-refundable. Refer to the court's posted schedule of fees for applicable filing fees.

NOTE: Additional fees may be assessed by
the Constable if it is required that the property be moved and stored and an inventory made, at a rate of $25.00 per hour for actual time spent in excess of three (3) hours.
8150 208 R:03-05

Maricopa County Justice Courts, Arizona
__________________________________________________________________________
CASE NUMBER: ______________________________

____________________________________ ____________________________________ _________________________________________
Plaintiff(s) Name / Address

_____________________________________ _____________________________________ _________________________________________
Defendant(s) Name / Address

WRIT OF RESTITUTION

THE STATE OF ARIZONA TO THE SHERIFF OR CONSTABLE IN MARICOPA COUNTY:

On _______________________________ a judgment was entered against the defendant(s) for restitution of
Date

Address: ________________________________________________________ Apt / Sp # ______________ _______________________________, Maricopa County, Arizona.
YOU ARE COMMANDED to remove the defendant(s) from the premises and to return possession of the

premises to the plaintiff. Date: ____________________ Justice of the Peace

CERTIFICATE OF SERVICE I state under penalty of perjury that the foregoing is true and correct. I received this Writ from the court on ____________________, and executed same as follows: Date / Time of Service: _____________________________________________________________________ I served this writ on: _________________________________________________________ (person served). Property restored to plaintiff on this date ____________________ c Defendant already moved at time of service. c Other: _______________________________________________________________________________ Date: ____________________ ___________________________________________________ Constable

FD 8150 202 R:02-05