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PINAL COUNTY JUSTICE COURTS (Pinal County Government)

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PCJC FD11-110 Revised July 2019
PINAL COUNTY JUSTICE COURTS
WRIT OF
RESTITUTION
(to enforce an eviction order)
INSTRUCTIONS
&
FORMS
Print Form
PCJC FD11-110 Revised July 2019
PINAL COUNTY
Apache Junction Justice Court
Central Pinal Justice Court
Western Pinal Justice Court
JUSTICE COURTS
Casa Grande Justice Court
Copper Corridor Justice Court
Pioneer Justice Court
If a judgment is entered in an Eviction Action the judge will order, among other things, that a
WRIT OF RESTITUTION will issue five (5) calendar days from the date of judgment. In the
case of IRREPARABLE BREACH the judge will order that a WRIT OF RESTITUTION will
issue not less than 12 nor more than 24 hours after judgment (or as soon as thereafter as normal
court house allow).
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 there has been a NEW lease or rental agreement entered with the defendant.
If all or part of a new month’s rent has been accepted per a partial payment agreement.
If 45 days have passed since judgment was granted.
If any of the above is correct you may not file a WRIT OF RESTITUTION.
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.
PCJC FD11-110 Revised July 2019
IMPORTANT INFORMATION FOR THE CONSTABLE
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 for fees
for applicable filing fees. (These fees are provided to give you an estimate of service costs.
Please contact the court to discuss actual cost)
Writ Issuance Fee:
Constable Fee:
$33.00 (A.R.S. § 22-281)
$48.00 (A.R.S. § 11-445) Plus $40.00 per hour in excess of 3 hours
Writ Fee (County): $ 5.00 (A.R.S. § 11-445)
Mileage: Call Court for mileage rates
NOTE: Additional fees may be assessed by the Constable if it is required that the property be
moved and stored and an inventory made. Please contact the Constable for exact fees.
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
(A.R.S. § 33-1368(E) and 33-1368(F))
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.
The landlord must hold the tenant’s property for twenty-one (21) calendar days beginning on the
first day the Writ of Restitution is executed. 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. Writ of Garnishment or a
Writ of Execution).
If the landlord fails to surrender possession of the personal property to the tenant, the tenant may
recover the possessions or an amount equal to the damages determined by the court if the
PCJC FD11-110 Rev
ised July 2019
landlord has destroyed or disposed of the possessions before the twenty-one (21) days or after
the tenant’s offer to pay.
Please refer to the Arizona 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.
CANCELLING THE WRIT
Cancellation of the service or execution of the writ must be made in writing. Fees paid are non-
refundable.
A new writ will be necessary of you choose to enforce the judgment or possession at a later time
(providing you have not entered into a new agreement with the tenants).
RESOURCES:
Pinal County Justice Courts website:
http://pinalcountyaz.gov/Departments/JudicialBranch/JusticeCourts/Pages/Home.aspx
Arizona Revised Statutes website:
http://www.azleg.gov/ArizonaRevisedStatutes.asp
Arizona Rules of Court website:
http://government.westlaw.com/linkedslice/default.asp?SP=AZR-1000
The Arizona Residential Landlord Tenant Act:
http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/
The Arizona Mobile Home Parks Residential Landlord Tenant Act:
http://www.azsos.gov/public_services/Publications/Mobile_Home_Landlord_Tenant_Act/
PCJC FD11-110 Revised July 2019
Pinal County Justice Courts, State of Arizona
WRIT OF RESTITUTION
Case Number:
Plaintiff(s) Name / Address / Phone
Defendant(s) Name / Address / Phone
THE CONSTABLE IN PINAL COUNTY, STATE OF ARIZONA:
On a judgment was entered against the defendant(s) for restitution of
(Date)
Address: Apt / Sp #
, Pinal 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
NOTICE AND WARNING TO DEFENDANT
AFTER SERVICE OF THIS WRIT, IF YOU REMAIN ON, OR RETURN UNLAWFULLY TO, THE
PROPERTY YOU WILL HAVE COMMITTED CRIMINAL TRESPASS IN THE THIRD DEGREE
CERTIFICATE OF SERVICE
I state under penalty and 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:
□
Defendant already moved at time of service.
□
Other:
Date: _
Constable
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Completed 25 February 2021

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