Ariz. Rev. Stat. » Title 11
Arizona Revised Statutes

Ariz. Rev. Stat. § 11-449 (2026)

Liability relating to writs, levies or sales

✓ current as of May 2026
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If a sheriff neglects to make due return of a writ or paper delivered to him to be served or executed, or is guilty of any misconduct in the service or execution thereof, he is liable to the party aggrieved for damages sustained, and, in addition, for a penalty of two hundred dollars. If the sheriff to whom a writ of execution is delivered neglects or refuses, after demand by the creditor, to levy upon or sell property of the party named in the writ which is subject to levy or execution, he is liable to the creditor for the value of the property.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1965–2025 · leading case: Gabriel Garibay v. Hon. johnson/fox, 565 P.3d 236 (Ariz. 2025).
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Gabriel Garibay v. Hon. johnson/fox, 565 P.3d 236 (Ariz. 2025). · cites it 26× “VICE CHIEF JUSTICE LOPEZ, Opinion of the Court: ¶1 We consider whether the common law doctrine of judicial immunity shields constables from liability under A.R.S. § 11-449 for “any misconduct in the service or execution” of a writ of restitution.”
Davis v. Tavasci, 403 P.2d 315 (Ariz. Ct. App. 1965). “Section 11-449 A.R.S. is as follows: “Liability relating to writs, levies or sales “If a sheriff neglects to make due return of a writ or paper delivered to him to be served or executed, or is guilty of any misconduct in the service or execution thereof, he is liable to the…”
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics (Ariz. Ct. App. 2024). · cites it 17× “¶16 Fox, however, relies on § 22-131(D) and A.R.S. § 11-449 to argue that the legislature has abrogated judicial immunity for constables while serving writs.”
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics, 545 P.3d 468 (Ariz. Ct. App. 2024). · cites it 16× “¶16 Fox, however, relies on § 22-131(D) and A.R.S. § 11-449 to argue that the legislature has abrogated judicial immunity for constables while serving writs.”
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