# A.R.S. § 12-1308: 12-1308 Finding for defendant; judgment; election to take value or property

> Arizona · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1308

## Section

- **Citation:** A.R.S. § 12-1308
- **Heading:** 12-1308 Finding for defendant; judgment; election to take value or property
- **Jurisdiction:** Arizona
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1308

## Text

12-1308. Finding for defendant; judgment; election to take value or property

A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action was brought entitled to its possession, then on the trial the value of the property replevied shall be found, together with any damage the defendant has suffered for the wrongful seizure of the property, and judgment shall be against the plaintiff claimant and the sureties on the replevin bond for the value of the property, the damages and costs of the action and reasonable attorney's fees. The judgment shall also be for the return of the property to the adverse party at a time and place specified.

B. The defendant shall elect whether he will take the property itself or the amount found as the value of the property. The election shall be made in order to permit the plaintiff a reasonable time before the time specified in the judgment for delivery of the property. The election may be made in open court, or by an instrument in writing filed in the action.

## Nearby sections

- [A.R.S. § 12-1301 12-1301 Affidavit to obtain possession](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1301.md)
- [A.R.S. § 12-1302 12-1302 Order for taking property](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1302.md)
- [A.R.S. § 12-1303 12-1303 Bond; amount and conditions](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1303.md)
- [A.R.S. § 12-1304 12-1304 Execution of order for delivery to claimant; redelivery bond](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1304.md)
- [A.R.S. § 12-1305 12-1305 Filing of bonds](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1305.md)
- [A.R.S. § 12-1306 12-1306 Defect in bond; retaking of property](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1306.md)
- [A.R.S. § 12-1307 12-1307 Verdicts in actions to recover specific personal property](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1307.md)
- [A.R.S. § 12-1308 12-1308 Finding for defendant; judgment; election to take value or property](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1308.md)
- [A.R.S. § 12-1309 12-1309 Finding for defendant; property not in possession of plaintiff; judgment](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1309.md)
- [A.R.S. § 12-1310 12-1310 Finding for plaintiff; property in possession of defendant; election to take value or property](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1310.md)
- [A.R.S. § 12-1311 12-1311 Failure to deliver property; election by prevailing party](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1311.md)
- [A.R.S. § 12-1312 12-1312 Vesting of title to property](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1312.md)
- [A.R.S. § 12-1313 12-1313 Exoneration and liability of officer on bonds](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1313.md)
- [A.R.S. § 12-1314 12-1314 Execution issuable for delivery of property; procedure](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1314.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C8_A12_S1308. Check the current official text before relying on it. Not legal advice.