questions & answers

Question: foreclosed on then evicted while in bankruptcy, injured need surgery out of work, was given 5 days notice to move 2 story 5 bed no truck with protruding hernia, sheriff said I had 21 days to get property on day 18 contacted all belongings gone. what do I do.

Answer: The legal document that allows the constable or sheriff to evict you is called a "writ of restitution". According to state law the court issues a writ 5 days after rendition of judgement. There is no set time frame for the sheriff to serve the writ but the law does state "the writ of restitution must be enforced as promptly and expeditiously as possible". ARS 12-1178 C. There is no legal requirement for the sheriff to give you 21 days. However, if the sheriff did tell you he would give 21 days but served the order sooner and if you could demonstrate that if given the extra time you could have moved your belongings you might have a cause of action against the County. You could contact a private attorney who has some expertise in civil rights law and see if they think you have a case.