| 1. How do I start a small claims lawsuit? |
A small claims lawsuit starts when the plaintiff (the person suing) files a small claims complaint. The complaint must be legible and must briefly state the plaintiff’s reasons for the claim against the defendant (the person being sued). Go to Small Claims webpage.
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| 2. How much can I sue for? |
A small claim cannot exceed $3,500, exclusive of interest and costs.
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| 3. Do I have a winning case? |
Court personnel cannot predict what the judge will do or advise you on how strong your case is. You should speak with an attorney to get that information.
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| 4. The person I want to sue lives in another county or in another state. Where do I file? |
The complaint must be filed in the justice court precinct where the defendant (person being sued) resides or as permitted by ARS § 22-202.
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| 5. Can I get an attorney to represent me in my case? |
Attorney representation is not permitted in small claims cases, unless both sides agree to it in writing.
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| 6. What do I put in my complaint? |
The complaint must briefly state your reasons for the claim against the defendant (the person being sued). You tell the court in your own words why you’re suing someone and what you want the judge to do (for example, you might be asking the judge to order the person to pay you a certain amount of money). You must use your correct legal name and you must use the correct legal name of the defendant. You will not be able to amend (change) your complaint once it is filed. To learn what you can ask the judge to do in your specific situation, you can research that question at a law library, or an attorney can advise you.
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| 7. How much does it cost to file my complaint or my answer? |
Filing fees may differ from court to court. Contact the court where you are going to file to find out how much the filing fee is.
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| 8. What do I do if I don’t have the money to pay the filing fee? |
You can file a request for a fee deferral or waiver. The court will determine what fees, if any, are waived or postponed until later in the case.
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| 9. What do I do after I file my lawsuit? |
You must serve the defendant (the person being sued) with the summons, complaint, and Notice to Plaintiff and Defendant and file proof of service within 45 days of the complaint filing date, or your case will be dismissed. Service is usually done by certified or registered mail with a return receipt requested. You can also arrange personal service by a licensed process server, constable, or sheriff. (ARS § 22-513 and Rule 5, ARSCP)
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| 10. How do I get my court date? |
Once you serve the defendant (the person being sued), the defendant has 20 days to file a written answer. The court will set a hearing date and hold a hearing within 60 days of the answer filing date. If the defendant does not file a written answer within 20 days of service, you must initiate default proceedings.
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| 11. I was served with a small claims lawsuit. How do I file a response? |
The form is available at www.azcourts.gov or can be obtained from the courthouse. A defendant (the person being sued) must file a written answer within 20 days of service. If an answer is not filed within 20 days of service, the court may rule in favor of the plaintiff (the person suing).
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| 12. What if the person suing me actually owes me something? |
A counterclaim is a claim that the plaintiff (the person suing) owes something to the defendant (person being sued). Within 20 days of being served, a defendant may file a counterclaim against the plaintiff, but the counterclaim cannot exceed $3,500. If the counterclaim exceeds $3,500, the case will be transferred to the civil division of the justice court.
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| 13. What is the difference between the small claims division and the civil division? |
Small claims can be used if you’re suing for $3,500 or less. Also, attorneys are not allowed to represent parties in small claims (unless both sides agree), and there are no appeals and no juries in small claims. If you’re suing for more than $3,500 but less than $10,000, you can file a case in the civil division of the justice court. Attorneys, appeals, and juries are allowed in the civil division.
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| 14. Can I appeal if I don’t get the decision I want? |
No, the court’s decision is final and binding on all parties. The decision cannot be appealed. If you want to preserve your right to appeal, you must have the case transferred to the civil division of the justice court. The transfer request must be made at least 10 business days before the hearing.
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| 15. Can I have a jury decide my case? |
No, juries are not allowed in small claims. If you have a right to a jury and you want to preserve that right, you must have the case transferred to the civil division of the justice court. The transfer request must be made at least 10 business days before the hearing.
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| 16. My case was dismissed a year ago. Can I refile? |
If the case was dismissed “with prejudice,” no. If the case was dismissed “without prejudice,” yes, if your claim is still within the statute of limitations (ARS §§ 12-541 – 12-548). The court order that dismissed the case will say whether the dismissal was with or without prejudice.
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| 17. I received paperwork and I don’t know what it is. What am I supposed to do? |
Court personnel may be able to answer your questions if they are providing legal information. Court personnel cannot provide legal advice, interpret legal documents, or engage in the practice of law. If a legal interpretation or legal advice is needed, you will need to contact an attorney.
Maricopa County Bar Association Lawyer Referral Service:
602-257-4434 - http://maricopalawyers.org/
Pima County Bar Association Lawyer Referral Service:
520-623-4625 - http://www.pimacountybar.org
Arizona Foundation for Legal Services & Education:
866-637-5341 - www.AZLawHelp.org
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| 18. Where can I get the forms I need? |
Forms and instructions can be obtained from the courthouse or online.
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