A. Except as provided in section 33-1021.01, when possession of any property described in this article or any other personal property held under lien without provision at law for foreclosure of the lien has continued for twenty days after the charges accrue and remain unpaid, the person holding the property may notify the owner, if in the county where the property is located, to pay the charges. Upon failure of the owner within ten days thereafter to pay the charges, the holder of the property may sell it at public auction and apply the proceeds to payment of the charges. The balance of the proceeds shall be paid to the person entitled thereto. If the owner's residence is not in the county where the property is located, the holder is not required to give the ten days' notice before proceeding to sell.
B. Five days' notice of sale shall be given to the owner if he can be found, and if not, then by two publications in a newspaper published in the county.
C. If the person legally entitled to receive the balance is not known or has removed from the county, the holder shall pay the balance to the department of revenue. If the party, at any time within two years from the date of payment to the department of revenue, establishes his right to the money to the satisfaction of the director of the department of administration, it shall be paid to him. After two years, all unclaimed monies shall be deposited in the permanent state school fund.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1969–2025 · leading case:
Roosen v. Schaffer, 621 P.2d 33 (Ariz. Ct. App. 1980).
Roosen v. Schaffer, 621 P.2d 33 (Ariz. Ct. App. 1980).
· cites it 2× “Thus, the remedies in paragraph 10 are not exclusive as appellees argued and as the trial court apparently concluded.”
Thompson v. Harris, 452 P.2d 122 (Ariz. Ct. App. 1969).
“If the rent is not paid and satisfied within sixty days after seizure as provided for in this section, the landlord may sell the seized personal property in the manner provided by § 33-1023. “E. When premises are sublet or the lease assigned, the landlord shall have a like lien…”
Beck v. Hy-Tech Performance, Inc., 340 P.3d 433 (Ariz. Ct. App. 2015).
“Section 33-1023 (2014), Arizona’s lien foreclosure statute, uses the term “the charges” to refer to the amount a garage proprietor may collect from the public auction of a liened vehicle; the balance of the proceeds from the sale must be returned to the owner.”
Janes v. Country Escrow Serv., 660 P.2d 482 (Ariz. Ct. App. 1982).
· cites it 3× “The statute governing sale of property seized under lien (A.R.S. § 33-1023) contemplates that more property may be seized than will be required to satisfy the debt.”
Marana Aerospace Solutions Inc. v. STLC Eur. Twenty Five Leasing Ltd. (D. Ariz. 2025).
“) In 12 Count One, Plaintiff asserts a statutory lien on the aircraft pursuant to Arizona Revised 13 Statutes § 33-1021 through § 33-1023. (Id. at ¶¶ 12-19.) Plaintiff claims a security interest 14 in the aircraft arising from labor, materials, supplies, and storage furnished…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.