|
Civil Division General Information
The
Civil Division of the Apache County Sheriff's Office is responsible as
mandated by the Arizona Constitution, State Statutes and Court Decree in the
service, processing, and execution of all Criminal/Civil Process of the
Apache County Superior Court. Additionally, the Division is responsible for
the collection of delinquent Tax Bills forwarded from the County Assessor's
Office.
The
service of Apache County Justice Court processes are the responsibility of
the Constable elected to the justice court precinct. The Sheriff's Office
Civil Division does not routinely serve Justice Court processes.
Due
to the nature of court proceedings and procedures, deputies will only serve
processes Monday – Friday during hours that are authorized by statutes
(excluding holidays). All processes will be served in accordance with
Arizona Statutes and Arizona Rules of Civil Procedures unless otherwise
directed in writing. Please allow 2-3 weeks for service.
Paperwork Guidelines
All writs must be good for
at least 90 days and the listed deposits are to be made payable to Apache
County Sheriff.
Writ of Restitution
-
Original Writ
-
Two (2) conformed copies
of Writ
-
One (1) copy of the
judgment
-
Writ must not be issued
until five (5) days after judgment date
-
Writ must contain property
location/address and list all defendants/occupants
-
Deposit of $500.00 must
accompany paperwork
Writ of General Execution
-
Original Writ
-
Two (2) conformed copies
of Writ
-
One (1) copy of the
judgment
-
Writ must not be issued
until five (5) days after judgment date
-
Writ must contain judgment
date, judgment amounts and list of all defendants
-
Deposit of $500.00 must
accompany paperwork
Writ of Special Execution
-
Original Writ
-
Two (2) conformed copies
of Writ
-
One (1) copy of the
judgment
-
Writ must contain judgment
date, judgment amount (if any) and must list the specific property that is
to be executed against.
-
Writ must command the
Sheriff to either seize and sell or seize and turn possession over to
plaintiff
-
Deposit of $500.00
(personal property) or $500.00 (real property) must accompany paperwork
Writ of Attachment
-
Original Writ
-
One (1) copy of Writ for
Sheriff's file
-
Service copies of Writ for
however many services you have (i.e. 3 services = 3 additional copies)
-
Original Attachment Bond
(actual value of the property) OR a Cash Bond (actual value of property)
in certified funds made payable to Apache County Sheriff
-
Copies of Attachment Bond
(One (1) for Sheriff's file plus copies for service)
-
Original Indemnity Bond
for the Sheriff's Office(actual value of the property)
-
Copies of Indemnity Bond
(One (1) for Sheriff's file)
-
If against real property,
the Writ must contain the legal description as well as the common address
of the property to be attached
-
If against personal
property, the Writ must describe the specific property or list a monetary
amount to attach
-
Deposit of $500.00 must
accompany paperwork
Writ of Replevin
-
Original Writ and/or Order
-
One (1) copy of Writ/Order
for Sheriff's file
-
Service copies of
Writ/Order for service (i.e. 3 services = 3 additional copies)
-
Original Replevin Bond
(made payable to defendant for double the value of the property) OR a Cash
Bond (double the value of the property) in certified funds made payable to
Apache County Sheriff
-
Copies of Replevin Bond
(One (1) for Sheriff's file plus copies for service)
-
If the Writ/Order is
"without notice", we will also require the Original Summons and Original
Notices along with the service copies of the Summons, Notices, Complaint,
Application, Certificate, etc. (Copies of all additional paperwork that
needs to be served)
-
The Writ/Order must also
list the specific property we are to replevin as well as the property
serial numbers, vins, etc.
-
Deposit of $500.00 must
accompany paperwork
Summons & Complaints
-
One (1) copy of Summons
for Sheriff's file
-
Service copies of Summons
and Complaint (i.e. 3 services = 3 additional copies)
-
Deposit of $500.00 must
accompany paperwork OR a certified copy of the waiver/deferral issued by
the court waiving or deferring service fees by Sheriff
|
 |