Arizona Revised Statutes
Ariz. Rev. Stat. § 12-1301 (2026)
Affidavit to obtain possession
✓ current as of May 2026
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If a plaintiff claims in his complaint the possession of specific personal property, he may at any time after complying with the provisions of chapter 14 of this title and before rendition of judgment file an affidavit showing:
1. That he is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to its possession.
2. That the property is wrongfully detained by the defendant.
3. The actual value of the property and that it has not been seized under any process, execution, or attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure.
Notes of Decisions
Cited in 11
cases (5 in the last 5 years), 1975–2026 · leading case: Hyatt Regency Phoenix Hotel Co. v. Winston & Strawn, 907 P.2d 506 (Ariz. Ct. App. 1995).
Hyatt Regency Phoenix Hotel Co. v. Winston & Strawn, 907 P.2d 506 (Ariz. Ct. App. 1995). “The defendants' [Chanen and HRP] retention of the Inryco [formerly the Form-Eze] Equipment after July 30, 1975 was tortious, entitling Inryco under A.R.S. § 12-1301 et seq. to recover [tort damages].”
Thornton v. Carson, 533 P.2d 657 (Ariz. 1975). “At the same time an affidavit in replevin as required by statute, A.R.S. § 12-1301, was also filed. For reasons not apparent in the record before us, filing was not accepted until 18 September 1974 when a summons was issued and the order for taking the property was signed by the…”
First Nat'l Bank v. Superior Ct. of Maricopa Cty., 541 P.2d 392 (Ariz. 1975). “The Sum-rails were duly served on 12 May 1975, and a hearing was held before the Honorable Irwin Cantor on 16 May 1975. The trial court denied the bank’s request for prejudgment possession of the mobile home.”
Schoolhouse Educ. Aids, Inc. v. Haag, 699 P.2d 1318 (Ariz. Ct. App. 1985). “In compliance with A.R.S. § 12-1301, SEAI alleged in the complaint the right to possession of specific personal property and that it had complied with the provisions of A.”
Moore v. State, 656 P.2d 646 (Ariz. Ct. App. 1982). “2d 575 (1968), the plaintiff successfully prosecuted an action for replevin of a cotton picker pursuant to A.R.S. § 12-1301 et seq. The issue on appeal was the proper measure of damages.”
First Rec. Corp. v. Amoroso, 558 P.2d 917 (Ariz. 1976). “2d 1327 (1972), we declined to recognize Fuentes, supra, as binding because it was decided by four justices of a nine justice court with seven justices sitting, on the basis of the subsequent decisions of the Supreme Court in Mitchell, supra, and North Georgia Finishing, supra,…”
Gatlin v. Curtis (D. Ariz. 2025). “The Arizona laws specific to replevin (A.R.S. §§ 12-1301–12-1314) have 13 enumerated requirements which include filing an affidavit containing specific information 14 (A.”
BMO Bank NA v. A to Z Stone & Granite Inc. (D. Ariz. 2025). “§§ 12-1301–12-1314) require the filing of an affidavit containing specific 12 information ( Ariz. Rev. Stat. § 12-1301 ) and posting a bond equal to double the amount of 13 the property ( Ariz.”
Altec Capital Servs. LLC v. Maximus Tree Works LLC (D. Ariz. 2025). “A.R.S. § 12-1301; see also Rucci v. JP 25 Morgan Chase Bank, 2015 WL 11118121 , at *3 (D.”
ULU Care LLC, et al. v. Luxury Lease Co. (D. Ariz. 2026). “) Plaintiffs bring five 3 claims against Luxury under Arizona law: (1) Breach of Contract; (2) Breach of Implied 4 Warranty of Good Faith and Fair Dealing; (3) Replevin, under Ariz. Rev. Stat. § 12-1301 ; 5 (4) Conversion; and (5) Unjust Enrichment/Quantum Meruit.”
Stephan v. Bertz (Ariz. Ct. App. 2026). “See A.R.S. §§ 12-1301 et seq.; see also First Nat’l Bank of Ariz.”
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