Arizona Revised Statutes
Ariz. Rev. Stat. § 44-1061 (2026)
Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers
✓ current as of May 2026
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A. A sale made by a vendor of goods and chattels in his possession or under his control, or an assignment of goods and chattels, unless the sale or assignment is accompanied by an immediate delivery and followed by an actual and continued change of possession of the things sold or assigned, is prima facie evidence of fraud against creditors of the vendor, or creditors of the person making the assignment, or subsequent purchasers in good faith.
B. The term "creditors" includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels are in his possession or under his control.
Notes of Decisions
Cited in 1
case, 2005–2005 · leading case: Davis v. Par Wholesale Auto, Inc. (In Re Tucker), 329 B.R. 291 (Bankr. D. Ariz. 2005).
Davis v. Par Wholesale Auto, Inc. (In Re Tucker), 329 B.R. 291 (Bankr. D. Ariz. 2005). “Of the few Arizona cases applying A.R.S. § 44-1061, Wightman v. King, 31 Ariz.”
— Ariz. Rev. Stat. § 44-1061(A) — 1 case
Davis v. Par Wholesale Auto, Inc. (In Re Tucker), 329 B.R. 291 (Bankr. D. Ariz. 2005). “Of the few Arizona cases applying A.R.S. § 44-1061, Wightman v. King, 31 Ariz.”
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