Judicial Enforcement

• $200 deposit, unless you have a deferral or waiver from the court
• Original copies of paperwork for service of each person to be served
• This attached fillable information sheet
• Cover letter or attached coversheet with instructions

(Please allow 2 – 3 weeks for service)

11-445. Fees chargeable in civil actions by sheriffs and constables; constables' standardized daily activity logs

A. The sheriff shall receive the following fees in civil actions:

1. For serving each true copy of the original summons in a civil suit, sixteen dollars, except that the sheriff shall not charge a fee for service of any document pursuant to section 13-3602 or any injunction against harassment pursuant to section 12-1809 if the court indicates the injunction arises out of a dating relationship.
2. For summoning each witness, sixteen dollars.
3. For levying and returning each writ of attachment or claim and delivery, forty-eight dollars.
4. For taking and approving each bond and returning it to the proper court when necessary, twelve dollars.
5. For endorsing the forfeiture of any bond required to be endorsed by the sheriff, twelve dollars.
6. For levying each execution, twenty-four dollars.
7. For returning each execution, sixteen dollars.
8. For executing and returning each writ of possession or restitution, forty-eight dollars plus a rate of forty dollars per hour per deputy or constable for the actual time spent in excess of three hours.
9. For posting the advertisement for sale under execution, or any order of sale, twelve dollars.
10. For posting or serving any notice, process, writ, order, pleading or paper required or permitted by law, not otherwise provided for, sixteen dollars except that posting for a writ of restitution shall not exceed ten dollars.
11. For executing a deed to each purchaser of real property under execution or order of sale, twenty-four dollars.
12. For executing a bill of sale to each purchaser of real and personal property under an execution or order of sale, when demanded by the purchaser, sixteen dollars.
13. For services in designating a homestead or other exempt property, twelve dollars.
14. For receiving and paying money on redemption and issuing a certificate of redemption, twenty-four dollars.
15. For serving and returning each writ of garnishment and related papers, forty dollars.
16. For the preparation, including notarization, of each affidavit of service or other document pertaining to service, eight dollars.
17. For every writ served on behalf of a justice of the peace, a fee established by the board of supervisors not to exceed five dollars per writ. Monies collected from the writ fees shall be deposited in the constable ethics standards and training fund established by section 22-138.

B. The sheriff shall also collect the appropriate recording fees if applicable and other appropriate disbursements.

C. The sheriff may charge:

1. Fifty-six dollars plus disbursements for any skip tracing services performed.
2. A reasonable fee for executing a civil arrest warrant ordered pursuant to court rule by a judge or justice of the peace. The fee shall only be charged to the party requesting the issuance of the civil arrest warrant.
3. A reasonable fee for storing personal property levied on pursuant to title 12, chapter 9.

D. For traveling to serve or on each attempt to serve civil process, writs, orders, pleadings or papers, the sheriff shall receive two dollars forty cents for each mile actually and necessarily traveled but not to exceed two hundred miles, nor to be less than sixteen dollars. Mileage shall be charged one way only. For service made or attempted at the same time and place, regardless of the number of parties or the number of papers so served or attempted, only one charge for travel fees shall be made for such service or attempted service.

E. For collecting money on an execution when it is made by sale, the sheriff and the constable shall receive eight dollars for each one hundred dollars or major portion thereof not to exceed a total of two thousand dollars, but when money is collected by the sheriff without a sale, only one-half of such fee shall be allowed. When satisfaction or partial satisfaction of a judgment is received by the judgment creditor after the sheriff or constable has received an execution on the judgment, the commission is due the sheriff or constable and is established by an affidavit of the judgment creditor filed with the officer. If the affidavit is not lodged with the officer within thirty days of the request, the commission shall be based on the total amount of judgment due as billed by the officer and may be collected as any other debt by that officer.

F. The sheriff shall be allowed for all process issued from the supreme court and served by the sheriff the same fees as are allowed the sheriff for similar services on process issued from the superior court.

General and Special (personal property) Execution:

• $200.00 Deposit
• Original or Certified Copy of Executions
• Cover Letter/Information Sheet
• 2 conformed copies of Execution
• 1 conformed copy (does not have to be certified) of the Judgment, Arbitration Award or Minute Entry

Special (real property) Execution:

• $200.00 Deposit
• Original or Certified copy of the Special Execution
• Cover Letter/Information Sheet
• 2 conformed copies of the Special Execution
• 1 conformed copy (does not have to be certified) of the Judgment, Arbitration
• Award or Minute Entry
• Legal description of property being sold
• Common street address of property being sold
• Addresses to send the sale notices

Restitution:

• $200.00 Deposit
• Original or Certified copy of the Restitution
• Cover Letter/Information Sheet
• 2 conformed copies of the Restitution
• 1 conformed copy (does not have to be certified) of the Judgment, Arbitration Award or Minute Entry

Attachment:

• $200.00 Deposit
• Original or Certified copy of the Attachment
• 2 Original bonds (amount being equal to the amount of the property), these are the Attachment Bond and Sheriff’s Indemnity Bond
• Original or Certified copies of Notices and Summons, if applicable
• Cover Letter/Information Sheet
• 2 conformed copies of all of the paperwork listed above and any additional paperwork (ex. 2 copies of the Attachment, Summons, Notices, Complaint, Affidavit and Certificate of Compulsory Arbitration)

Replevin:

• $200.00 Deposit
• Original or Certified copy of the Replevin
• Original or Certified copy of the Replevin bond (amount being double the amount of the property) or original letter from the bonding company stating the bond is still in effect.
• Original or Certified copies of Notices and Summons, if applicable
• Cover Letter/Information Sheet
• 2 conformed copies of all of the paperwork listed above and any additional paperwork (ex. 2 copies of the Attachment, Summons, Notices, Complaint, Affidavits and Certificate of Compulsory Arbitration)

In accordance with the ATF Final Rule 41F, effective on July 13, 2016, the Chief Law Enforcement Officer (CLEO) certification is no longer required on following Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE):

ATF Form 1 (5320.1): Application to Make and Register a Firearm

ATF Form 4 (5320.4): Application for Tax Paid Transfer and Registration of a Firearm

ATF Form 5 (5320.5): Application for Tax Exempt Transfer and Registration of Firearm

Requirements:

Final Rule 41F replaces the CLEO certification with CLEO notification, which requires that a completed copy of the Form 1, Form 4 and Form 5 applications, and the specified form for responsible persons (Form 5320.23), be forwarded to the CLEO of the locality in which the applicant/transferee or responsible person resides.

The following is a list of other BATFE forms that must be submitted to the Sheriff for filing:

ATF E-Form 7 (5310.12): Application for Federal Firearms License

ATF E-Form 7CR (5310.16): Application for Federal Firearms License (Collector of Curios and Relics)

ATF E-Form 3310.4: Report of Multiple Sale or Other Disposition of Pistols and Revolvers

ATF E-Form 5300.38: Application for an Amended Federal Firearms License

Completed CLEO (Chief Law Enforcement Officer) copies for all of the above listed forms may be delivered or mailed to the following address:

Maricopa County Sheriff’s Office
Attention: ATF Unit
111 South 3rd Avenue, 2nd Floor
Phoenix, Arizona 85003

The Maricopa County Sheriff’s Office does not furnish the BATFE forms. To obtain current forms or for questions, please contact:

Bureau of Alcohol, Tobacco, Firearms & Explosives
Phoenix Field Office
201 East Washington Street, Suite 940
Phoenix, Arizona 85004
Telephone (602) 776-5400
Fax (602) 776-5429