Civil Division
The La Paz County Sheriff’s Civil
Division is mandated by the Arizona Revised Statutes for the service
and execution of civil & criminal process/notices and various types
of writs within the county of La Paz.
Process from all courts [with the
exception of tribal courts] within and outside La Paz County will be
served, and the service of other non-court documents is available upon
request.
Delinquent personal property taxes are
also collected by the Civil Division, but real property taxes may not
be paid to the La Paz County Sheriff’s Department. Delinquent taxes
upon personal property, which has not been seized by the Sheriff’s
Department, must be paid directly to the La Paz County Treasurer’s
Office.
Once personal property has been
seized, the delinquent taxes and required statutory fees must be paid
directly to the La Paz County Sheriff’s Department.
All checks for delinquent tax payments
sent to the Sheriff’s Department must have the tax roll number written
on them, and must be made out to: the La Paz County Sheriff’s Office.
All pawnshops operating within La Paz County must be licensed through the La Paz County Sheriff’s Civil Division.
Mail should be sent:
La Paz County Sheriff’s Department
Attention: Civil Division
1109 Arizona Avenue
Parker, Arizona 85344
Phone: 928-669-6141
Fax: 928-669-2008
All service of process will be
completed as per the legal requirements of the Arizona Revised
Statutes, the Arizona Rules of Court, and the Arizona Rules of Civil
Procedures.
Variations from this procedure need to be requested in advance and in writing to the Civil Division.
Fees charged for the service of process/documents are based upon the statutory fees mandated by the Arizona Revised Statutes 11-445.
The basic completed or attempted service will usually be subject to the following fees, [but other fees may also apply]:
- Process/document service = $16.00 [per person served]
- Preparation & notarization of each affidavit of service = $8.00
- Mileage [per each attempt] = $16.00 minimum charge or $2.40 per mile [one way]
La Paz County Justice court document
services are charged by mileage from the location of the justice courts
to the service location.
La Paz County Superior Court, non La
Paz County Justice Court, or other out of county court documents are
charged by the mileage from the Sheriff’s office in Parker, Az, to the
location of the requested service.
Complete estimates of the cost of a
service cannot be given, because the exact mileage and number of
attempts needed are unknown prior to the final completion of the
requested service.
Service of process/documents require an initial deposit of $60.00.
Services completed for less than the deposit amount will be issued a refund for the remaining funds.
Services completed in excess of the deposit amount will be billed for the difference.
No fees are charged for the following services:
- Orders of Protection
- Injunctions Against Harassment
- Court ordered fee waivers: Court fee
waver documents must be included with the service request [court fee
deferrals are not exempt from service fees]
- Other governmental agencies will not be charged for service of process
Orders of Protection and Injunctions Against Harassment issued by La Paz County Courts may be served upon defendants located within La Paz County.
When defendants are located outside
the County of La Paz, the plaintiff must request service by the agency
of jurisdiction where the defendant is located. That agency must
complete the court issued declaration of service, and mail it directly
back to the La Paz County Court which issued the original order.
Forcible Detainer/ Eviction Action Summons
documents need to be immediately delivered to the Sheriff’s Department
early on the same day in which they were issued by the court.
Services of Forcible Detainer
documents are very time sensitive, because the court trial must be
conducted from 3 to 6 business days after the plaintiff’s complaint is
filed with court. The defendant also must be served at least 2 business
days prior to the scheduled court date.
If the defendant is not home, or
refuses to answer the door, these documents may (on the original day of
issue), be sent out certified mail or posted on the door of the
residence. Otherwise if the defendant is not available for direct
service, the requested service can not be legally completed [you are
also paying fees per the number of service attempts].
Prior to obtaining a Forcible Detainer
from the court, it is recommended that the plaintiff make contact with
the La Paz County Civil Division, so that the service of these
documents can be scheduled in advance.
Forcible Detainer/Summons when
requested for service must always be accompanied by the court issued
complaint, and other documents which are required by the court to
complete for a proper legal service.
It is recommended that landlords
review the Arizona Residential Landlord & Tenant Act, ARS 33-1301
to 33-1381, and forcible entry and detainer statutes ARS 12-1171 to
1183, prior to obtaining and requesting the service of Forcible
Detainer Documents.
Information about the Arizona Landlord & Tenant Act may be viewed on-line at: http://www.azsos.gov/public_services/publications/residential_landlord_tenant_Act/
Requests for service of all process/documents should include:
The Requester's name, address & phone number
Deposit check of $60.00
Self addressed return envelope
Information on the person to be served, including:
House number, street name and town [we can not serve to post office box addresses]
Mailing address, if different from physical address
Phone number [if known]
Employer, work address and work schedule [if known]
Any other information which would be useful in locating the requested subject
Most process/documents for service require the following copies:
1 Original court copy of the documents
2 additional copies of the documents [conformed copies preferred if available]
1 additional copy for every extra person served [conformed copy preferred]
Upon the completion of the requested service, a notarized affidavit of service or non-service will be issued.
Affidavits of service for all La Paz
County Courts will be sent back to the original court of issue by the
Sheriff’s Department [unless requested in writing to do differently].
Affidavits of service for all out of
county, out of state, and other non-court related services will be sent
directly back to the requester of the service to complete their own
court filing as needed.
Enrolled members of a Federally
Recognized Native American Tribe may not be served within La Paz County
if they are located anywhere on the Colorado River Indian Reservation,
or within the town limits of the city of Parker.
No persons tribal or non-tribal may be
served while located at the Colorado River Indian Reservation Bluewater
Casino, in Parker, Arizona.
SERVICE AND EXECUTION OF VARIOUS TYPES OF WRITS
Writs are often involved and
complicated matters to execute. It is recommended that all persons
requesting writ service/execution make prior contact with the La Paz
County Chief Civil Deputy.
Writs from all La Paz County Justice
Courts and all Superior Courts within the State of Arizona may be
executed directly by the La Paz County Sheriff’s Department.
Writs from other Arizona Justice
Courts must be domesticated into that county’s superior court, or into
the La Paz County Superior Court prior to being executed in La Paz
County.
Writs from all courts out of the state
of Arizona must be domesticated into the La Paz County Superior Court
prior to their execution.
Pre-execution deposits on writs are as follows:
Writ of Execution - $200.00 [both General and Special Writs]
Writ of Replevin - $200.00
Writ of Attachment - $200.00
Writ of Restitution - $100.00
Writ of Garnishment - $100.00
Writs may be executed upon the
Colorado River Indian Reservation, but only upon non-tribal members.
All writs located on the tribal reservation must also be accompanied by
a separate check for $65.00 [and the required $200.00 deposit check].
This check must be made out to the La Paz County Sheriff’s Department.
The extra $65.00 charge is required for payment of the fees to
domesticate the writ into the Colorado River Indian Reservation Tribal
Court System, prior to any writ execution upon non-tribal members on
the reservation.
Various different statutory fees may apply to the execution of writs, and all of these are charged in accordance with Arizona Revised Statutes 11-445.
Surplus deposit funds beyond deposit amounts will be refunded, and costs above deposit amounts will be billed accordingly.
Subjects requesting the execution of
writs need to supply the same basic person information as previously
listed above for other process/document services, and the same copies
are required.
Writs of Restitution should list all of the known tenants/occupants of the residence/property.
The location of the property where the tenants/occupants are located must be clearly described.
Writs of Garnishment contain numerous
documents, and they must contain the required numbers of copies of each
of those documents for a legal service to be properly completed.
Information on garnishment procedures may be obtained on-line at: http://www.azcourts.gov/Portals/34/Forms/GarnEarn/Introduction.pdf
Writs of Replevin need to contain an original, and a copy of a Replevin
Bond [payable to the defendant] for at least double the value of the
specified property to be seized.
Writs of Attachment must contain an
original and a copy of both an Attachment Bond payable to the
defendant, and an Indemnity Bond. Both of these bonds must be payable
to the La Paz County Sheriff’s Department, and they must be for the
actual full value of the property to be seized.
If the writ is against real property
it must contain the complete legal description, and the common address
[physical street address] of the real property.
If the writ is against personal
property it must describe the specific property to be seized, or a
monetary amount to be attached.
Writs of Execution [Special &
General] have a 60 day time limit from the justice courts, and a 90 day
time limit from the superior courts.
These writs must be received
immediately by the La Paz Sheriff’s Department, so that they can be
promptly executed. If the seizure and sale of non-exempt property
becomes a necessity, it can not be properly completed if the receipt of
the writ is delayed.
Writs of Execution need to be
accompanied by a copy of the underlying judgment. The judgment must
contain the date of issue, and the judgment amount.
Writs of Special Execution must
specifically command the Sheriff’s Department to either seize or sell,
or to seize and turn over possession of property of the defendant(s).
The exact property to be seized needs to be specified in the writ.
Writs of Execution from a Justice Court do not permit the seizure and sale of a defendant’s real property.
Superior Court Writs specifying the
seizure of real property must contain the complete legal description,
and the common address [street address] of the real property subject to
the seizure.
For further questions upon civil
process, writ executions, or delinquent personal property taxes, please
contact the La Paz County Sheriff’s Civil Division on weekdays at
928-669-6141, from 8:00 A.M. to 5 P.M.
Chief Civil Deputy Douglas Williams
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