Arizona Laws 12-1533. Attachment of perishable property; sale; procedure
A. When personal property which has been attached is not claimed or replevied, the court or justice of the peace out of whose court the writ was issued may order it to be sold, when it appears that the property is in danger of serious and immediate waste or decay, or that keeping it until trial will result in such expense or deterioration in value as greatly to lessen the amount likely to be realized therefrom.
Terms Used In Arizona Laws 12-1533
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. In ascertaining whether the property is in danger of serious and immediate waste or decay or that keeping of the property until trial will result in such expense or deterioration in value as greatly to lessen the amount likely to be realized therefrom, the court or justice of the peace may require or dispense with notice to the parties and may act upon such information, by affidavit, certificate of the attaching officer or other proof, as appears sufficient to protect the interest of the parties.
C. The sale shall be conducted in the same manner as sales of personal property under execution, except as to time of advertisement, which may be fixed by the court or justice of the peace for a shorter period.