Arizona's Small Claims Divisions
A Guide to the Operations of Small Claims Divisions in Justice of the Peace Courts 

This document is intended only as a general information guide. Laws and procedures are subject to change. For more specific information, call your local justice of the peace court for filing questions.

What is a small claims division?

• Every justice of the peace court in Arizona has a small claims division, created by law to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500.
  

• Small claims cases are handled in a less formal manner than other court cases. Procedures are intended to be simple enough for a person to file a complaint or to answer a claim without a lawyer.
  

• 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.
  

• There are three specific requests allowed by law in a small claims action. These are Request for Change of Venue (location), Request to Vacate a Judgment, and Request for Debtor’s Examination.

Who 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.
  
• Because proceedings in small claims cases are simplified, lawyers are generally not necessary; however, they are allowed to participate if all parties agree. A form, Stipulation for Use of Attorneys, may be obtained from the court for this purpose. If all parties do not agree, attorneys are prohibited from representing any party in the case unless it is transferred out of the small claims division.
  

• Either party may object to the proceedings being held in the small claims division and, as long as such objection is made in writing at least 10 days prior to the time set for the hearing, the case will be transferred out of the small claims division. Once a case is transferred from the small claims division to the justice court, the rules of procedure governing justice courts apply to the case, permitting claims in excess of $2,500, attorney representation, jury trial and appeal.

How much does a small claims case cost?

• The filing fee, service by mail and answer fees are set by state law. Please see the small claims clerk in your justice court for specific fee amounts.
  

• The judge or hearing officer may order costs incurred by the prevailing (winning) party to be paid by the party who loses the case.

When may a small claims complaint be filed?

• People should try to settle their disputes and disagreements out of court whenever possible. If a reasonable 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
    

  • cancellation of a contract
    
    

• The types of claims that cannot be filed in the small claims division are those for:
  

  • libel or slander
    

  • injunctive relief
    

  • class actions
    

  • criminal matters
    

  • forcible entry or detainer
    

  • actions against the state of Arizona
    

  • prejudgment remedies
    

  • specific performance
    

  • traffic violations
    

  • claims greater than $2,500
    
    

• The clerk of the small claims division is available to answer most questions relating to jurisdiction, venue, pleadings or procedures. Please keep in mind that the clerk cannot engage in the practice of law and cannot give you legal advice.

How is a small claims case initiated?

• A plaintiff (the person or organization bringing the suit) begins a small claims case by filing a complaint with the clerk of the small claims division in justice courts. 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 giving rise to the claim took place. The information required on the complaint is the name and address of the defendant, the reason for filing the complaint, and the amount of money being disputed.
  
  

• At the time the complaint is filed, the clerk will issue a summons ordering the defendant to appear in court. The summons and complaint must be served on the defendant. This is called "service of process." The summons and complaint may be served by registered or certified mail, return receipt requested. If the court provides this service, there will be an additional fee. Please ask the clerk for specific fee amounts. If the defendant cannot be served in this manner, the precinct constable or any registered private process server will serve the summons and complaint for a fee.
  
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