Arizona Revised Statutes
Ariz. Rev. Stat. § 12-1536 (2026)
Replevin of attached property by defendant; bond
✓ current as of May 2026
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At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff's debt, or, at defendant's option, for the value of the property replevied as estimated by such officer, conditioned that defendant will satisfy the judgment which may be rendered in the action, or will pay the estimated value of the property with lawful interest thereon from the date of the bond.
Notes of Decisions
Cited in 4
cases, 1966–1976 · leading case: Schuldes v. Nat'l Sur. Corp., 557 P.2d 543 (Ariz. Ct. App. 1976).
Schuldes v. Nat'l Sur. Corp., 557 P.2d 543 (Ariz. Ct. App. 1976). “§§ 12-1536, 12-1537, which permit the removal of the attachment by the posting of a replevin bond in double the amount of the claimed debt.”
Bayham v. Maryland Nat'l Ins. Co., 415 P.2d 120 (Ariz. Ct. App. 1966). “This statute is the counterpart of A.R.S. § 12-1536 in relation to the way the property is treated, each in its way making its own provisions for the return of the property or its value, or the satisfaction of the judgment.”
First Rec. Corp. v. Amoroso, 549 P.2d 257 (Ariz. Ct. App. 1976). “Further, as with the mechanics’ and materialmen’s lien, the difficulties the attachment lien creates may be ameliorated by filing a bond under A.R.S. § 12-1536. 1 Since Spielman-Fond was affirmed on its merits by the United States Supreme Court, we are bound by it.”
Wendt v. Tiller, 417 P.2d 532 (Ariz. Ct. App. 1966). “A.R.S. § 12-1536. The procedural requirements of this statute were not followed.”
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