A. An officer shall execute a general execution against the property of a judgment debtor by levying on a sufficient amount of property, if there is a sufficient amount of such property, and collecting or selling the things in action and selling the other property and paying to the judgment creditor or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and costs shall be returned to the judgment debtor unless otherwise directed by an order of the court.
B. A judgment debtor may point out to the levying officer the property he desires to be levied on, and if the officer deems it sufficient to satisfy the execution, he shall make levy on no other property.
C. An officer shall execute the special execution by selling the property directed to be sold, or delivering the property directed to be delivered, as directed in the judgment, and by enforcing the collection of damages and costs as in a general execution.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1966–2022 · leading case:
Hanner v. DeMarcus, 390 U.S. 736 (1968).
Hanner v. DeMarcus, 390 U.S. 736 (1968).
· cites it 2× “Hanner urged that the failure to give her actual notice of the execution prejudiced her in three respects: (1) she was unable to invoke her privilege under state law, Ariz. Rev. Stat. Ann. § 12-1562 , to specify which property the sheriff should seize to satisfy the debt; (2)…”
Davidson-Chudacoff/Kol-Pak of Arizona, Inc. v. Pioneer Hotel Co., 630 P.2d 550 (Ariz. Ct. App. 1981).
· cites it 2× “Moreover, attachment liens are foreclosed by special execution which under A.R.S. § 12-1562(C) simply requires the officer to “execute the special execution by selling the property directed to be sold .”
Steinmetz v. Everyone Wins (Ariz. Ct. App. 2018).
· cites it 7× “¶13 Steinmetz next argues the superior court erred by applying A.R.S. § 12-1562(A) because the foreclosure involved a writ of special execution rather than general execution.”
Mortensen v. Berzell Investments Co., 410 P.2d 689 (Ariz. Ct. App. 1966).
· cites it 2× “) *575 Keeping in mind that appellants, by their own declaration to the deputy, failed to either cooperate with the levy by making known the existence of personal property on which execution might be taken or to avail themselves of the statutory right afforded them to make such…”
Tortosa Homeowners Ass'n v. Davis Garcia (Ariz. Ct. App. 2022).
· cites it 2× “See A.R.S. § 12-1562(A) (In an execution of judgment sale, “[a]ny excess in the proceeds over the judgment and costs shall be returned to the judgment debtor unless otherwise directed by an order of the court.”
Phoenix v. Gonzales (Ariz. Ct. App. 2022).
· cites it 2× “” Equity does not specify what “normal judicial process” it would not receive in a hearing under A.R.S. § 12-1562(A), and the statute does not include any limits on discovery or disclosure.”
— Ariz. Rev. Stat. § 12-1562(A) — 3 cases
Steinmetz v. Everyone Wins (Ariz. Ct. App. 2018).
“¶13 Steinmetz next argues the superior court erred by applying A.R.S. § 12-1562(A) because the foreclosure involved a writ of special execution rather than general execution.”
Tortosa Homeowners Ass'n v. Davis Garcia (Ariz. Ct. App. 2022).
“See A.R.S. § 12-1562(A) (In an execution of judgment sale, “[a]ny excess in the proceeds over the judgment and costs shall be returned to the judgment debtor unless otherwise directed by an order of the court.”
Phoenix v. Gonzales (Ariz. Ct. App. 2022).
“” Equity does not specify what “normal judicial process” it would not receive in a hearing under A.R.S. § 12-1562(A), and the statute does not include any limits on discovery or disclosure.”
— Ariz. Rev. Stat. § 12-1562(C) — 2 cases
Steinmetz v. Everyone Wins (Ariz. Ct. App. 2018).
“¶13 Steinmetz next argues the superior court erred by applying A.R.S. § 12-1562(A) because the foreclosure involved a writ of special execution rather than general execution.”
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