Writ of Restitution in Maricopa County Justice Court
(What It Is, When to File, and What Really Happens at Lockout)
In Maricopa County, a Writ of Restitution is the court order that authorizes the constable to physically remove a tenant and restore possession of the rental property to the landlord. It is the enforcement step after you have already won an eviction judgment.
This page explains:
- When you can request a Writ of Restitution
- When you cannot use a writ and must start over
- What the constable actually does on-site
- How lock changes and tenant property must be handled
- How Fast Serve AZ fits into the process
Content is based on Maricopa County Justice Court guidance and Arizona law, enhanced for clarity and practical use.
When Can You File for a Writ of Restitution?
You do not request a writ the same day you file the eviction. It becomes available after judgment, and the timing depends on the type of judgment.
1Standard Eviction Judgment (Non-Payment / Non-Compliance)
You may request a Writ of Restitution when:
If the tenant is still occupying the unit on day 6, the writ is the tool that orders law enforcement to remove them.
2Irreparable Breach Judgments
If the judge found an irreparable breach (serious, non-curable violation), the timeline is much faster:
You may request a Writ of Restitution within roughly 12–24 hours after the judgment is entered. These cases move quickly because the court has already determined that immediate removal is justified.
When You CANNOT Move Forward with a Writ
Even if you have a valid judgment, certain actions on the landlord's part can block you from using that judgment to force a lockout.
You generally cannot proceed with a writ if you:
Those actions are treated as starting a new tenancy or modifying the old one. If that happens, the court can require a new eviction case for the new alleged breach or non-payment. In other words: once you decide to enforce the judgment with a writ, do not take new rent or cut side deals unless you are prepared to start over.
How to Request a Writ of Restitution in Maricopa County
To request a writ in Justice Court, you will:
1Complete the writ form
- Fill it out completely, clearly, and legibly
- Follow the court's specific form instructions
2Attach a copy of your eviction judgment
- The writ request must match the exact case and judgment
3File the writ request with the Justice Court
- Filing can be in person and, in some precincts, electronically
- The court clerk routes it for judicial review
4Judge's signature
- A Justice Court judge must sign the writ before it has any effect
- In many cases, it is signed the same day it is submitted
5Transfer to the Constable's Office
- Once signed, the writ is forwarded to the Constable for service and execution
Fees: What the Writ of Restitution Costs
Court Filing Fee
There is a court filing fee for the writ
Constable's Fees
Apply for service and physical execution
All fees are set by statute and/or court rule. Fees are non-refundable, even if the tenant voluntarily vacates at the last minute or you later choose to cancel execution.
Always check the current Justice Court fee schedule before filing, as amounts may change.
Information the Constable Needs
When you file the writ, you should provide:
You can attach a written note or instructions along with the writ so the constable can plan the lockout safely and efficiently.
How the Constable Serves and Executes the Writ
Once the writ is signed and transmitted:
Service of the Writ
- A Constable or Deputy Constable is the only one authorized to serve and enforce the writ
- They will act promptly and as expeditiously as possible
- If the tenant is not on site, the writ may be posted at the premises as notice
Lockout and Possession
If the tenant does not vacate voluntarily:
- The constable demands possession from the tenant
- You can coordinate a scheduled lockout and bring a locksmith
- The constable keeps the situation controlled while the tenant is removed
- Locks are changed and the unit is secured
Handling Tenant's Personal Property After Lockout
If personal belongings are left behind, Arizona law and the court form make the following points clear:
You must look to other collection tools—such as garnishment or a writ of execution—to collect the judgment amount, not seize belongings as leverage.
Your obligations regarding storage, notice, and eventual disposition of property are governed by the Arizona Residential Landlord and Tenant Act, including sections like A.R.S. § 33-1368(E) and (F).
Canceling a Writ of Restitution
If circumstances change—tenant moves out, payment arrangements are made, or you decide not to proceed—you may cancel:
Even if you forgive the judgment, you still need to formally notify the court and constable so the writ is not enforced.
Landlord Mistakes That Can Derail a Writ
Common missteps that force landlords to restart:
A writ is powerful—but it only works if you stay aligned with the court's expectations and Arizona landlord-tenant law.
How Fast Serve AZ Fits into the Writ Process
While the Justice Court and Constable control the writ itself, Fast Serve AZ helps ensure everything leading into and surrounding the writ is clean and enforceable through service of process in eviction cases and coordination:
When you are ready to move from judgment on paper to possession in reality, we help make sure every step is compliant, documented, and as efficient as the law allows.