Eviction Service of Process: Who, What, and When to Serve at Each Stage

Eviction Service of Process: Who, What, and When to Serve at Each Stage

Eviction cases in Arizona run on short clocks. The court will examine service first, because a bad serve stalls everything. Treat eviction service of process as a checklist: the right notice, timely summons/complaint, and proof filed correctly—each step on time, every time.

Start with Proper Notice (Before Court)

For nonpayment, Arizona requires a 5-day notice to pay or vacate; for material noncompliance, a 10-day notice to cure is typical; some irreparable breaches allow immediate action. Don’t file before the notice window ends, and keep copies of what you served and how. Courts routinely reset cases when the initial notice is defective or prematurely followed by a filing. azleg.gov+1

Eviction Service of Process: Summons & Complaint

Once you file, justice courts issue the summons quickly and set an appearance within a few days. The eviction service of process (summons, complaint, and the Residential Eviction Information Sheet) must be completed and served at least two days before the appearance date; methods can include personal service, substituted service, or (in some circumstances) post-and-mail. File your proof with clear dates, times, and addresses. Arizona Courts+1

Timelines Are Tight—Document Everything

Maricopa Justice Courts publish timelines showing summons/appearance windows of roughly 3–6 days for special detainer and similarly fast tracks for forcible detainer actions. If service is late or undocumented, expect the hearing to be reset. Detailed affidavits (who, when, how) avoid arguments about whether the tenant had proper notice of the hearing. Justice Courts Maricopa County+1

Post-Judgment Steps: Writs and Possession

If judgment enters for the landlord, tenants generally have five days to move. If they do not, a writ of restitution authorizes constable or sheriff action; at this stage, law enforcement handles execution, but you should still track dates carefully to avoid lapses or clerical delays. Justice Courts Maricopa County

Common Eviction Service of Process Failure Points (and Easy Fixes)

Missing the required information sheet, miscounting the notice period, or serving less than two days before the hearing are the most common reasons cases get bumped. Build a simple calendar: notice served → last day of notice → file date → summons/appearance date → serve no later than two days before. This cuts avoidable resets and keeps your case on track.

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