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Can a private process server serve a Writ of Execution requiring the sale of property?

  1. Yes

  2. No

  3. Only with additional permissions

  4. Only if the property is a residence

The correct answer is: No

A private process server is not authorized to serve a Writ of Execution involving the sale of property under Arizona law. This restriction is in place because serving such court orders involves specific responsibilities and formalities that are typically reserved for law enforcement officials or court-appointed personnel. In the context of executing a Writ of Execution, the party seeking to enforce a judgment generally needs to have a sheriff or other law enforcement agency execute the writ. This ensures that the enforcement of the writ, which can lead to the seizure and sale of property, is carried out in accordance with legal protocols and with the authority of the state. The role of a private process server is more aligned with serving various types of legal documents, like complaints or summonses, rather than executing court orders involving property sales. Therefore, the answer aligns with the legal framework governing process serving and the execution of court orders in Arizona.