Overview Of The Small Claims Court Process In Arizona

Small claims court offers a quick, informal, and inexpensive way of resolving many types of smaller disputes you may have with particular individuals or companies. This article provides a brief overview of the small claims court procedure in Arizona.

What Is Small Claims Court?

The small claims court in Arizona decides any claims for money debts, personal injury, and property damage if the amount in controversy does not exceed $3,500.00. Every justice of the peace court in Arizona has a small claims division. In small claims court, the trial is an informal hearing before a judge. There is no right to a jury trial as there is in other courts in Arizona. After hearing testimony and considering evidence presented by both sides, the judge will make a ruling based on the law and the facts presented.

Who Can File A Small Claims Action?

An individual, partnership, or corporation (or LLC) may file a claim against another individual(s), partnership, or corporation (or LLC) in small claims court, as long as the amount involved does not exceed $3,500 and the court otherwise has jurisdiction to hear the claim.

A party is required to represent himself or herself in small claims court, unless all parties to the action agree that attorney representation is permitted. If all parties do not agree, attorneys are prohibited from representing any party unless it is transferred out of the small claims division to a higher court. The clerk of the court provides the procedure to set the case for trial or hearing at the time you file your claim.

What Needs to be Included in The Complaint?

A plaintiff is the person who files a lawsuit. The plaintiff must be directly related to or impacted by what is being brought in the claim. A complaint: (1) must be filed in the correct venue (see below); (2) must be clearly written, stating the reasons for the claim; and (3) cannot be for an amount greater than $3,500. You must also pay the filing fee at the time of filing the complaint unless you qualify for a waiver of the fee.

Where Do I File The Small Claims Action?

The plaintiff (person filing the claim) must file the lawsuit in the justice court precinct where the defendant lives, unless:

1. The defendant or defendants live outside of Arizona or when their address is unknown, the claim may be brought in the precinct where the plaintiff lives;

2. A married person may be sued in the justice precinct where the spouse resides unless they are separated;

3. If the defendant is homeless or does not have a permanent address, they can be sued in the justice precinct where they are found;

4. If the person contracted a debt in one precinct and then moved, they can be sued in either precinct;

5. When a contract is signed in one jurisdiction, it can be brought in that precinct or in the precinct where the defendant resides; or

6. If there are many defendants who live in a variety of areas, the claim can be brought in any precincts where at least one defendant lives.

How Do I Serve The Small Claims Complaint?

When the complaint is filed, the court clerk will issue a summons ordering the defendant to appear in court. The Summons and Small Claims Complaint must be served on the defendant. This is accomplished by personally delivering the Complaint to the defendant or sending a copy to the defendant registered or certified mail, return receipt requested.

The Summons and Complaint may be served by a sheriff, constable, other registered process server or anyone over the age of 18 and not a party to the lawsuit. After effecting service, the server must endorse that fact on a copy of the summons and return it to the court clerk who will make the appropriate entry on the docket sheet of the action.

How Long Does A Defendant Have To Respond To The Lawsuit?

The defendant has 20 days to file a written Answer and mail it to the plaintiff. If an answer is not filed in 20 days, the plaintiff may initiate default proceedings, resulting in a judgment against the defendant without a court hearing.

What Transpires At A Small Claims Hearing?

The hearing procedure is typically more informal than hearings/trials in other Arizona courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim.

Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. The defendant will also have the opportunity to present testimony and other evidence at the hearing. If the defendant fails to appear, or if the court rules for you after the hearing, a judgment will be entered by the court for the amount of the claim, or other relief sought.

Is A Small Claims Judgment Appealable?

After judgment is entered, neither party can appeal the decision of the judge. However, 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 requesting the court to set aside, or vacate, the judgment.

The court will review the motion and notify both parties of its decision. If the court denies the motion, judgment will be entered in your favor. If the court grants the motion, the judgment will be vacated, and you will have to start the process over.

Please contact Lynx Legal Service with any questions regarding the above at 888-441-2355 or info@lynxlegal.com. Our experienced professionals are standing by to assist in any way we can