Q&A: Enter without Constable - Legally Speaking

By Mark Zinman | Zona Law 

Question: We have an owner who doesn't want to wait for the constable to schedule the lockout. He wants to go on his own. We have the writ and we're just waiting for the constable. Can the owner go on his own or would there be a legal issue?
Answer: That is definitely illegal, and would open you and the owner to getting sued for unlawful ouster (wrongful eviction) as well as unlawful access. Both of those violations have statutory penalties. Under Arizona law, you went to court and got a judgment for money and to set the date when a writ can be executed. You do not have possession and are not entitled to possession until a constable executes the writ and gives you possession.