Every justice court in Arizona has a small claims
division to provide an inexpensive and speedy method for resolving most civil
disputes that do not exceed $2,500.
All cases are heard by either a judge or hearing officer, who then makes a
decision.
The decision is final and binding on both parties. There is no right to a jury
trial or an appeal in small claims cases.
Formal Rules of procedure do not apply. Procedures in small claims cases are
intended to be simple enough for a person to file all the necessary forms and
represent him/herself at an informal hearing.
There are two specific motions allowed by law in a small claims action. These
are Motion for Change of Venue (Location) and Motion to Vacate a Judgment.
return to topWho can use the small claims
procedure?
The small claims court can be used
by any individual, partnership, association or corporation for civil claims that
do not exceed $2,500. Small claims cases are simplified, therefore, lawyers are
not allowed. However, they may be allowed to participate if all parties agree. A
form, Stipulation For Use of Attorneys, may be filed for this purpose anytime
prior to the hearing. Attorneys can appear in the small claims division if they
are representing themselves. Either party may object to the proceedings being
held in the small claims division. The request must be made in writing at least
10 working days prior to the time set for the hearing. The case then will be
transferred out of the small claims division. Once a case is transferred, the
rules of civil procedure apply to the case, permitting claims in excess of
$2,500, attorney representation, jury trial and appeal.
This is your case. You are solely responsible for
prosecuting or defending the claim or recovering any monetary awards. The clerks
at each of the courts are not attorneys and are not authorized to give legal
advice. It is not the court clerks' responsibility to advise you if you have a
legal claim. The clerk is not responsible for any error you may make in
asserting or defending the claim. The court does not take sides or render an
opinion regarding the merits of a claim. There are certain steps you must follow
to pursue your case properly. We have provided the following information to
assist you with general procedures in processing your case through the court.
The flowcharts, which you can link to from the top of this section, might be
helpful in providing a basic overview of the small claims process. We also have
made some forms available online. The complaint form can be filled out on your
computer and then printed out. Please see our
[
forms] section for detailed instructions.
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When may a small claims complaint be filed?
People should try to settle their disputes and
disagreements out of court whenever possible. If an agreement cannot be reached,
a small claims complaint may be filed. The types of claims that can be filed in
the small claims division include:
money debts
personal injury
property damage
contracts
The types of claims that cannot be filed in the small claims division are those
for:
libel or slander
prejudgment remedies
imjunctive relief
specific performance
class actions
traffic violations
criminal matters
claims greater than $2500
forcible entry or detainer
actions against this state; it's political subdivisions; OR
an officer or employee in an official capacity (i.e. State, County, City, Salt
River Project, etc.)
The clerks at the Justice Courts are available to answer most questions relating
to jurisdiction, venue, pleadings or procedures that this web site cannot answer
for you. Please keep in mind that the clerk cannot engage in the practice of law
and cannot give you legal advice.
Time limits in civil actions
accrue from the date the events that gave rise to the action occurred.* The time
limits apply to both civil suits and small claims. Please note, this list is
meant as a general guide. Not all of the cases listed below can be filed or
heard in Justice Court. Click
[
here] to view the Arizona laws outlining statutes of limitation.
One year - Malicious prosecution; false imprisonment; libel or slander; breach
of employment contract; wrongful termination; liability created by statute (ARS
12-541)
Two years - Personal injury; injury when death ensues; damage to property;
conversion of property; product liability; forcible entry and eviction action
(ARS 12-542)
Three years - Debt from oral contract; stated or open account; relief on ground
of fraud or mistake
(ARS 12-542)
Four years - Bond to convey realty; partnership account; account between
merchants; judgment or instrument given or made without the state; bond of
personal representative or guardian; specific performance of contract to convey
realty
(ARS 12-544,
545,
546)
Four years - Actions for which no limitation is otherwise prescribed (other than
for recovery of real property)
(ARS 12-550)
*Under some special circumstances, time limits can be extended or deferred.
Please consult an attorney to determine if these circumstances apply to your
case.
A plaintiff (the person or organization bringing the
suit) begins a small claims case by filing a Complaint with the proper justice
court. Click
[
here] for online instructions and online forms.The case must be filed in the
correct venue. The plaintiff must file the complaint in the justice court in
which the defendant (the person or organization being sued) resides or operates
a business, or where the act/incident took place.
Click
[
here] to go to the Location Section for help determining the correct precinct
for your case.
Click
[
here] for examples of how to fill in "defendant designation".
return to topHow is the defendant served
with the complaint?
The summons and complaint must be served on each idd defendant. This is called
"service of process." The summons and complaint may be served by registered or
certified mail, return receipt requested. Service is deemed complete when the
defendant signs for it. The return receipt must then be filed with the court. If
the postal service does not enter a date of delivery or the date is not legible,
service is deemed complete on the date the return receipt is filed with the
court. The plaintiff may file the return receipt (the green card) with the court
in person or by first class mail. Remember, each idd defendant must be served
a copy of the complaint/summons. You should use restricted delivery to ensure
the idd party signs the return receipt. If the claim is against a corporation,
the statutory agent or an officer of the corporation must be served on behalf of
the corporation idd in the complaint. You may obtain the id and address of a
statutory agent or corporate officer by calling the Arizona Corporation
Commission at (602) 542-3026.
You also can serve the defendant through a private process server. You can use
this method if the defendant cannot be served by registered or certified mail.
Any registered private process server will serve the summons and complaint for a
fee. Process service companies are found in the Yellow Pages. The courts cannot
recommend a particular process server. Some courts may have drop boxes for
process servers in which documents can be placed
If the
complaint has been filed in the wrong precinct, the defendant can file a Motion
for Change of Venue. The form may be obtained from the court. The plaintiff may
file an objection to the requested change. If the court orders a change of
venue, the case shall be transferred to the proper precinct and the plaintiff
shall pay all fees. The motion alleging improper venue must be made before
filing the ANSWER. If the defendant fails to file a timely request for a change
of venue, that right is waived.
Click
[
here] to see a list of fees associated with filing and responding to a suit.
return to topHow is a small claims complaint
answered?
After receiving the summons and
complaint, the defendant has 20 days to file an Answer with the court. If the
defendant fails to file an answer within 20 days, the plaintiff may initiate
default proceedings.
A Counterclaim is a
statement by the defendant, not necessarily opposing the plaintiff's claim, but
alleging other facts to establish a claim by the defendant against the
plaintiff. The defendant's counterclaim may also demand money from the
plaintiff. If this demand does not exceed $2,500,the case remains in the small
claims division.
If it exceeds this amount, the case is transferred out of the small claims
division. All counterclaims are filed at the time of filing the answer. If not,
the defendant must seek permission of the court by filing a motion to file a
counterclaim. Click
here for online forms instructions and online forms.
return to topWhat happens if an answer is not filed?
If the defendant does not file an answer to a
complaint, or if the plaintiff does not file an answer to a counterclaim, within
twenty days after service is complete, an Application for Entry of Default may
be filed with the court. If the party claimed to be in default fails to file a
responsive pleading within 10 business days of the notice of entry of default,
the default will take effect and judgment by default may be entered. The court
will accept an answer or other responsive pleading at any time prior to
judgment.
The trial will be scheduled within 60 days from the
date the defendant files an Answer with the court. The clerk will notify both
parties of the time and place of the trial. If either party wishes to postpone
the trial to a later date, a Request for Continuance form must be filed with the
court by that party. This form may be obtained from the court clerk.
Only the most serious reasons will be considered by the court in ruling on this
request.
Prior to trial, both the plaintiff and defendant should write down the facts and
details of the case in the order in which events occurred. Both parties should
bring all witnesses and necessary papers (for example, bills, receipts, price
estimates, pictures of damage, etc.) with them when they appear for the trial.
If the plaintiff and defendant settle the case prior to the trial, the parties
must notify the court, in writing, to dismiss the action. Both parties must
stipulate (agree) to the dismissal once an answer has been filed.
On the day of the trial, both parties must appear on
time before the judge or hearing officer and testify. The court will also hear
the defendant's counterclaim, if one has been filed. After both parties have
presented their witnesses, testimony and evidence, the judge or hearing officer
will make a decision, called a judgment, and record that decision in the court's
records. In most cases the judgment is announced at trial; however, the judge
has 10 working days to consider the facts in the case, research the law, make a
decision and notify the parties of the judgment by mail.
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What happens if I do not appear at the trial?
If the defendant fails to appear at the trial, the
judge or hearing officer may hear testimony from the plaintiff and his or her
witnesses, examine other evidence presented by the plaintiff and enter a
judgment against the defendant. If the plaintiff fails to appear at trial, the
court may, and probably will, dismiss the case. If both parties fail to appear,
return to top
Can the court's decision be appealed
or changed?
Neither party can appeal the
decision of the judge or hearing officer in a small claims case. If either party
believes the judgment was entered in error, or if there were good reasons for
one of the parties not appearing in court, that party may file a Motion to
Vacate Judgment asking the court to set aside, or vacate, the judgment. The
court will review the motion and notify both parties of its decision.
The plaintiff may be awarded a judgment on the claim
against the defendant or the defendant may be awarded a judgment on a
counterclaim (if one was filed) against the plaintiff. he party awarded judgment
is known as the Judgment Creditor and the party who the judgment is against is
known as the Judgment Debtor.
Judgment Debtor Exam/Supplemental Proceedings. To obtain information about the
Judgment Debtor's employment, bank accounts or other assets you may ask the
Court for an order for a debtor's examination to be held immediately following
the trial or at any other time after judgment. Additional fees and costs are
required for issuing and serving an order for a debtor's examination (called an
Order for Supplemental Proceedings).
Writs of Garnishment A Writ of Garnishment of earnings can be issued after you
make a formal written demand for payment of the judgment amount. A Writ of
Garnishment of non-earnings can be issued to garnish other assets, such as a
bank account or other income property.
Writ of Execution A Writ of Execution empowers the Constable to levy on
non-exempt personal property of value. You must provide a description and the
location of the property.
The clerk can provide you with the necessary garnishment or execution forms. You
will have to pay additional fees and costs for issuing and serving Writs of
Garnishment and Writs of Execution. If your judgment is the result of an
automobile accident for which you have an accident report and remains unpaid 60
days after the judgment has been entered, you may notify the court. A clerk will
then report the non-payment to the Arizona Department of Transportation, Motor
Vehicle Division, pursuant to ARS 28-4071. MVD will susspend the judgment
debtors driver's license, registration and non-resident operating privilege.
When you are paid in full you must file a Satisfaction of Judgment with the
court. This form is available from the court.
Either a Justice of the Peace or an appointed Volunteer Hearing Officer may hear
your case. Any party may object to the use of a hearing officer prior to the
hearing date. The court can provide you with a form to make this objection. The
case will then be referred to and heard by the Justice of the Peace. ARS 22-506