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Arizona · What this letter means

You were served with an Arizona forcible detainer case after foreclosure: what it means

A forcible detainer case is the court case an Arizona buyer files to remove you after a trustee's sale. The summons must be served at least 2 days before the court date, and the only question is who has the right to possession. If the buyer wins, the court cannot issue a writ of restitution until 5 calendar days after judgment.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The buyer files a sworn complaint with the court, and you are served with a summons and the complaint
What it starts
A court date that can be only days away, then a possible writ of restitution 5 calendar days after judgment
Do this first
Find the date, time and place on the summons and call legal aid today

What these papers are in Arizona

After a trustee's sale and a written demand for possession, Ariz. Rev. Stat. § 12-1173.01 lets the buyer file a forcible detainer action. That section says the case is filed with the clerk of the superior court.

Under Ariz. Rev. Stat. § 12-1175, the complaint must be in writing and under oath, describe the home, and state the facts that entitle the buyer to possession. The summons issues no later than the next judicial day after filing and must be served on you at least 2 days before the return day, which is the day set for trial.

How fast it moves

  • Ariz. Rev. Stat. § 12-1176(A) sets the trial date at no more than 5 judicial days after the complaint is filed.
  • Either side can ask for a jury. In superior court the jury has 8 people.
  • For good cause shown by affidavit, the trial can be postponed, but only up to 10 calendar days in superior court or 3 calendar days in a justice court (Ariz. Rev. Stat. § 12-1177(C)).
  • If the buyer wins, the court enters judgment and grants a writ of restitution, which cannot issue until 5 calendar days after the judgment (Ariz. Rev. Stat. § 12-1178(C)). Count the day after judgment as day 1. Filing a motion to set aside the judgment does not delay the writ unless a judge finds good cause.

What it does and does not mean

  • The only issue is the right of actual possession. The court does not decide whether the foreclosure was valid (Ariz. Rev. Stat. § 12-1177(A)).
  • A judgment against you can include damages, attorney fees and court costs (Ariz. Rev. Stat. § 12-1178(A)).
  • If you are served with a writ of restitution and stay in or return to the home without the owner's permission, it is criminal trespass in the third degree (Ariz. Rev. Stat. § 12-1178(D)).
  • If you rent the home and have a lease or other right that is senior to the interest sold, this remedy does not affect it (Ariz. Rev. Stat. § 12-1173.01(B)). Tell the court and get legal help.

What to do this week

  • Go to court on the date and time on the summons, even if you plan to move. Bring the summons, the complaint and any agreement or letters from the buyer.
  • Call legal aid through AZLawHelp.org or 866-637-5341 right away. AZCourtHelp.org has court forms and a court finder.
  • If you need a little more time, ask the buyer for a written move-out agreement before the court date.
  • Move important papers, medicine and pets first, and arrange storage for belongings.
  • Read after an Arizona foreclosure sale, Arizona foreclosure help and our national writ of possession page.

Watch for these scams

At this stage, people may offer to stop the eviction or undo the sale for a fee, or to collect your excess proceeds for a large share. A fee to recover money on deposit with the county treasurer over $2,500 is presumed unreasonable under Ariz. Rev. Stat. § 33-812(P), and you can file the claim yourself. Report scams to the Arizona Attorney General at 602-542-5763.

Common questions

How much notice do I get before an Arizona forcible detainer hearing?

The summons must be served at least 2 days before the return day, under Ariz. Rev. Stat. § 12-1175(C). The trial date is set within 5 judicial days of filing, so you may have very little time.

How long after an Arizona forcible detainer judgment can I be removed?

The writ of restitution cannot issue until 5 calendar days after judgment, under Ariz. Rev. Stat. § 12-1178(C). After it issues, it is enforced as quickly as possible.

Can I get the Arizona forcible detainer trial postponed?

Only for good cause supported by an affidavit, and only up to 10 calendar days in superior court or 3 calendar days in a justice court, under Ariz. Rev. Stat. § 12-1177(C).

Other Arizona letters

Sources

  1. Ariz. Rev. Stat. § 12-1173.01, Additional definition of forcible detainer
  2. Ariz. Rev. Stat. § 12-1175, Complaint and answer; service and return
  3. Ariz. Rev. Stat. § 12-1176, Demand for jury; trial procedure
  4. Ariz. Rev. Stat. § 12-1177, Trial and issue; postponement
  5. Ariz. Rev. Stat. § 12-1178, Judgment; writ of restitution
  6. AZCourtHelp.org
  7. AZLawHelp.org
  8. Arizona Attorney General: File a Consumer Complaint

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