After an action has been commenced to recover upon any bond required to be given by a public officer, the plaintiff may file an affidavit stating either positively or on information and belief that the bond was executed by the defendant, and that the defendant has real property, designating the county or counties in which it is located. The clerk receiving the affidavit shall certify to the recorder of the county in which the real estate is located the names of the parties to the action, the name of the court in which the action is pending and the amount claimed in the complaint, with the date of the commencement of the action.

Terms Used In Arizona Laws 38-272

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • public officer: means the incumbent of any office, member of any board or commission, or his deputy or assistant exercising the powers and duties of the officer, other than clerks or mere employees of the officer. See Arizona Laws 38-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.