What This Statute Says
Sheriffs are responsible for executing on judgments and making returns to the court. When they fail to do so, the judgment creditor can sue the sheriff and any sureties. This section sets the five-year window for that action.
When execution has issued and no return is made thereon, the party in whose favor the execution was issued may proceed against the sheriff or other officer and his sureties for not making return within five years from the day on which it was returnable, and not afterward.
A.R.S. § 12-547When This Statute Comes Into Play
Scenarios where this section applies:
- An estate holds a judgment on which the sheriff failed to return execution.
- A trust beneficiary inherited a judgment that the sheriff did not properly enforce.
- A family business with an old judgment learns that the execution paperwork was never returned.
What This Means for Arizona Families
Most Arizona families never encounter this statute. It is a specialty deadline for judgment creditors when the sheriff's office has dropped the ball on enforcement. But for estates that include old judgments, this section can be the difference between collecting and writing off.
If your family inherits or holds a judgment that was not collected, look first at whether a writ of execution was ever issued and whether the sheriff returned it. Our FAQ on probate attorney fees and retainers touches on when to bring in counsel for collection work. An Arizona probate attorney working with a collections specialist can identify whether the sheriff's failure to return is actionable and whether the five-year deadline is still open. Pairing this potential claim with renewal of the underlying judgment is often the most efficient way to revive an old estate asset. Acting before the deadline runs preserves an option families often forget exists.