Arizona Laws 12-1621. Notice of sale; perishable, personal and real property; posting, publication and place of sale
A. Notice of sale under execution shall be made as follows:
Terms Used In Arizona Laws 12-1621
- 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
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. For the sale of perishable personal property, written notice of the time and place of sale shall be posted in three public places, two of which shall be in the precinct and one at or near the door of the courthouse of the county in which the sale is to take place, for such period of time before the sale as is reasonable, considering the character and condition of the property.
2. For the sale of personal property other than that which is perishable, a posting similar to that provided in paragraph 1 of this subsection shall be made for not less than ten days successively before the day of sale.
3. For the sale of real property, notice shall be given by posting notices for not less than fifteen days successively before the day of sale in three public places in the county, one of which shall be at or near the courthouse door, and publishing a copy thereof in a newspaper for three weeks before the day of sale.
B. The notices shall note the judgment, parties, amount and court in which the judgment was rendered, and particularly describe the property to be sold, and, for real property to be sold, shall include the legal description of the property and the street address if any, or identifiable location of the property. Failure to accurately describe within any such notice either the street address or the identifiable location of the real property to be sold shall not be grounds for invalidating any such sale if the correct legal description of the real property to be sold was noted. A notice for sale of real property required by subsection A, paragraph 3 shall include a notice in substantially the following form:
Notice to Judgment Debtor
Title 33, chapter 8, article 1 of the Arizona Revised Statutes, may permit you to protect your residence from certain types of legal process through the homestead exemption.
If you are in doubt as to your rights, you should obtain legal advice.
C. Real property shall be sold at or near the courthouse door of the county where the property is situated. Personal property shall be sold on the premises where it is taken in execution, at the courthouse door of the county or at some other place more convenient for exhibiting the property to purchasers if necessitated by the nature of the property.