Arizona § 12-1309 Finding for defendant; property not in possession of plaintiff; judgment

Arizona Statutes

§ 12-1309 — Finding for defendant; property not in possession of plaintiff; judgment

Arizona § 12-1309

Title 12Arizona Revised Statutes

Ch. 8SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY

Art. 12Replevin

This text of Arizona § 12-1309 (Finding for defendant; property not in possession of plaintiff; judgment) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 12-1309 (2026).

Text

If at the time of trial the plaintiff is not in possession of the property, or it is not under his control, and the finding is for the defendant, then the alternative judgment shall not be given but only judgment for the value of the property, the damages suffered by its seizure, costs in the action and reasonable attorney's fees. The judgment shall be against the plaintiff and the sureties on his bond.

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If at the time of trial the plaintiff is not in possession of the property, or it is not under his control, and the finding is for the defendant, then the alternative judgment shall not be given but only judgment for the value of the property, the damages suffered by its seizure, costs in the action and reasonable attorney's fees. The judgment shall be against the plaintiff and the sureties on his bond.