Under A.R.S. § 12-1178 a Writ of Restitution can be requested if a tenant remains in possession of a property more than 5 days after an eviction judgment was signed. Once a Writ of Restitution is filed with the court it is first signed by the judge. Once the judge has signed the writ then it is sent to a constable for enforcement (think Sheriff) to remove the tenants from your property. A Constable works for the court and has similar powers and duties to sheriffs. A Writ can only be filed after an eviction hearing was held and a judgment entered in favor of the landlord. Once a landlord has received a judgment from the court, the tenant in your property has five days to vacate. If the tenant does not leave voluntarily then the Writ of Restitution can be filed with the court.
Once the Writ of Restitution is filed with the court, it is first signed by the judge and then passed to the Constable for execution. The Constable will then visit the property and physically remove the tenant(s) from the property. Upon arriving at the property, a Constable will give the tenants about 10 minutes to pack a bag and leave the property. In 11 minutes if the tenants haven’t left then the Constable will drag them out of the property in a headlock.
When Will the Constable Execute my Writ of Restitution?
So you’ve filed a Writ of Restitution and want to know when the Constable will actually appear and evict your tenants? The time frame can vary wildly.
When the Writ of Restitution is initially filed with the Justice Court the filing clerk must take the paperwork to the judge for his/her signature. On occasion, the paperwork will immediately be signed and handed off to the constable. Other times, the writ may sit on the judges desk for a few days before being signed. Once the paperwork has been signed it is then passed on to the Constable’s office.
Most justice courts in Arizona only have one Constable. So if the Constable gets a large influx of Writs at the same time yours may be delayed. So all-in-all it can take approximately 3 to 5 days for the Constable to actually show up to the property. If you would like to know more about Writ of Restitution or have questions about an eviction, please contact Clint Dunaway at (480) 344.4035.