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Information Sheet
Every justice court in Arizona has a small claims division, which allows for the inexpensive, speedy, and informal resolution of small claims. A small claims lawsuit is a voluntary and simplified procedure.
 
About Small Claims Court
Small claims court may only decide lawsuits in which the plaintiff's claims are not more than $3,500 and the defendant's counterclaims are not more than $3,500, not counting interest and costs. If a party wants to hire an attorney or file a counterclaim for more than $3,500, they must transfer the case out of small claims court and turn it into a civil lawsuit, which has different rules. The small claim cannot be for defamation (e.g., libel or slander), specific performance, injunction, eviction, or a claim against the State. Venue is the proper place for a lawsuit to proceed. With few exceptions, the small claim must be filed in the justice court where the defendant lives. If the defendant thinks the lawsuit is in the wrong justice court, the defendant can file a motion to change venue. The plaintiff must respond within 10 calendar days. Most of the deadlines are calculated using calendar days, which includes weekends and holidays.
There is no right to a jury. There are no appeals. The decision of the hearing officer or justice of the peace is final and binding on both parties. An attorney cannot appear and represent you unless both parties agree in writing. A motion for change of venue (if you think the case is in the wrong court) and a motion to vacate a judgment (if you think a judgment was incorrectly entered against you) are the only motions allowed in small claims.
The parties to the lawsuit are the plaintiff and the defendant. A party can be an individual, a marital community, or a company. Each party must use their correct legal name when filing a small claims lawsuit and must use the correct legal name of each defendant (i.e., not "John Doe").    
 
Small Claims Lawsuits
 
Below is information that may be helpful to persons wishing to pursue a small claim but is not a substitute for legal advice. There are other rules and laws that may be applicable to your situation, but these are common rules and laws that apply in small claims cases.
 

A.R.S. means Arizona Revised Statutes, and ARSCP means Arizona Rules of Small Claims Procedure

 
Parties to the Lawsuit
The parties to the lawsuit are the plaintiff and the defendant. A party can be an individual, a marital community, a corporation, an association, or other organization. A plaintiff is the party who files a lawsuit. The plaintiff must be a real party to the original transaction that forms the basis of the lawsuit. A defendant is the party being sued. Each party must use their correct legal name when filing a small claims lawsuit and must use the correct legal name of each defendant.
 
Complaint
A small claims lawsuit starts when a plaintiff files a small claims complaint. The complaint must be filed in the correct justice court precinct (“venue”). The complaint must be legible and must briefly state the plaintiff’s reasons for the claims against the defendant. The amount of all claims in the complaint cannot exceed $3,500. This cannot be avoided by splitting one claim into several smaller claim amounts. Amended complaints are not allowed in small claims. If the plaintiff needs to amend the complaint, they must dismiss and file a new lawsuit. The plaintiff will be required to pay a filing fee when filing a complaint. If the plaintiff cannot afford the filing fee, the plaintiff can ask the clerk for a fee waiver/deferral application. http://www.azcourts.gov/courtfilingfees.
 

FEE WAIVER AND DEFERRAL FORMS

 
Service
The court will issue a summons when the complaint is filed. The summons, complaint, and Notice to Plaintiff and Defendant must be served on all defendants. Service can be made by:
  1. Registered or certified mail, with a “return receipt requested.” The return receipt can also be the card returned to the plaintiff by the postal or delivery service or the return receipt printed from the postal or delivery service’s website. The plaintiff must file the return receipt with the court within 45 days of the complaint filing date to establish that the defendant was served.

  2. Constable, sheriff, or process server (personal service). If personal service is used, an affidavit of service must be filed with the court within 45 days of the complaint filing date.

  3. In some courts, the clerk may make service by certified restricted mail, return receipt requested.
Proof of service must be filed with the court within 45 days of the complaint filing date. Failure to file proof of service within 45 days will result in dismissal of the case. Service is deemed complete on the date of delivery of the registered or certified mail to the defendant as indicated on the return receipt that is received and filed with the court. If the date of delivery was not entered by the postal carrier or is illegible, service is deemed complete on the date the return receipt is received and filed with the court. The case must be concluded within 65 days of service or it will be dismissed.
Answer
The defendant must file a written answer within 20 days of service and mail it to the plaintiff. The defendant will be required to pay a filing fee when filing an answer. If the defendant cannot afford the filing fee, the defendant can ask the clerk for a fee waiver/deferral application. If the defendant fails to file an answer or otherwise respond within 20 days of service, the plaintiff must initiate default proceedings as described in Rule 140 of the Justice Court Rules of Civil Procedure.
 

FEE WAIVER AND DEFERRAL FORMS

 
Counterclaim
A counterclaim asserts that the plaintiff owes something to the defendant. The defendant may file a counterclaim against the plaintiff that is based on the same event described in the plaintiff's complaint or based on a different event. A counterclaim must be filed within 20 days of service of the summons, complaint, and Notice to Plaintiff and Defendant. The amount of the counterclaim cannot be more than $3,500. If the counterclaim exceeds $3,500, the court must transfer the case to the civil division of the justice court. A counterclaim that is more than $10,000 will result in a transfer of the case to the superior court. Amended counterclaims are not allowed.
Transfer to Justice Court

Either party can object to having the case heard in the small claims division and can file a request to transfer the lawsuit to the civil division of the justice court no later than 10 business days before the hearing date. If a defendant requests a transfer but has not filed an answer or counterclaim, a plaintiff who does not want the lawsuit to proceed in the civil division has 15 days after the transfer request to voluntarily dismiss the lawsuit. Once the case is transferred to the civil division, provisions relating to civil actions apply.

SMALL CLAIMS FORMS

 
Settlement

If the lawsuit settles before the hearing date, the plaintiff must notify the court by filing a notice of settlement.

SMALL CLAIMS FORMS

The Hearing
On the filing of the answer by the defendant, the clerk will set the case for a hearing. The clerk will notify the parties of the time and place of the hearing. The court will hold a hearing within 60 days after the defendant files an answer. All parties must appear at the scheduled hearing. The justice of the peace or hearing officer will conduct the trial in such a manner to do justice between the parties and will not be bound by formal rules of procedure, pleading or evidence except for statutory provisions relating to privileged communications.

As soon as possible, but at least 15 days before the hearing date, a party may file a request in writing to reschedule the hearing and deliver a copy to the other party. The request must include a good reason for rescheduling and, if possible, provide supporting documentation. The court may deny the request if a party does not provide a good reason for rescheduling, does not provide documentation for the request, or if the party has made previous requests to reschedule the hearing. The court will consider emergency requests (a request received less than 15 days before the hearing) only if the request also shows a good reason for not filing it earlier.

Any party who does not appear at the hearing risks having an appropriate judgment entered against them. The justice of the peace or a hearing officer may conduct the hearing, although if a party objects to having a hearing officer conduct the hearing, the matter will be referred to the justice of the peace. This objection must be made at least 15 days before the hearing date.

If the plaintiff appears and has properly served the defendant, but the defendant does not appear, the court will consider the plaintiff's evidence and, if substantiated by the evidence, the court may award judgment for the plaintiff. If the plaintiff fails to appear, but the defendant appears, the court may dismiss the lawsuit with or without prejudice, or it may award judgment for the defendant. If both parties fail to appear at the hearing, the court will dismiss the complaint and any counterclaims without prejudice, meaning the claims may be refiled if all other legal requirements have been met.
 
Evidence and Testimony
Formal rules of evidence do not apply. The justice of the peace or hearing officer will consider testimony from the parties and witnesses, and documents, and will decide the claims and any counterclaims. The justice of the peace or hearing officer may ask questions and permit the parties to ask questions of each other and witnesses. Any non-privileged evidence tending to make a fact at issue more or less probable is admissible unless the justice of the peace or the hearing officer determines the evidence lacks reliability, or will cause unfair prejudice or confusion, or waste time. Any evidence deemed material, relevant and competent may be admitted. Discovery proceedings will not be used in the small claims process.
Judgment
A justice of the peace or hearing officer may render a judgment at the end of the hearing or within 10 days after the hearing. The court must mail a copy of the judgment to all parties within 5 days. Payment of the judgment is due when the judgment is rendered.

A judgment is a final written order of the court that decides the claims in the lawsuit and is binding on all parties. A final judgment must be signed by a justice of the peace or hearing officer and filed with the court. All judgments must be in writing, and the court must mail copies to all parties. The judgment must clearly state the determination of the rights of the parties. The judgment is due and payable immediately after the judgment is rendered by the justice of the peace or a hearing officer in small claims court. Collection of the judgment by the prevailing party may follow the procedures as provided in ARS §§ 22-243 through 22-246.
 
Vacating a Judgment
Any party can file a motion with the court asking to be relieved from judgment. The motion does not affect the finality of the judgment or suspend operation of the judgment. The court may relieve a party from a judgment for the following reasons:
  1. mistake, inadvertence, surprise, or excusable neglect;
  2. fraud, misrepresentation, or other misconduct of an opposing party;
  3. the judgment is void;
  4. the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
  5. any other reason justifying relief.
A motion to vacate must be filed within a reasonable time. For reasons (1) and (2), the motion must be filed no more than 6 months after the entry of the judgment or the date of the proceeding, whichever is later. The moving party must deliver a copy of the motion to the other party on the date of filing. The other party has 15 days to file a written response and must deliver a copy of the response to the moving party on the date the response is filed.

This rule does not limit the court's power to:
  1. entertain an independent action to relieve a party from a judgment; or
  2. set aside a judgment for fraud on the court.
An attorney may represent a party on a motion to vacate a judgment.
 

SMALL CLAIMS FORMS

 
Satisfaction of Judgment
The prevailing party must file a satisfaction of judgment in the small claims division of the justice court within 30 days after a judgment has been paid in full. If the prevailing party fails to file a satisfaction of judgment or cannot be located after the opposing party has exercised due diligence in attempting to locate the prevailing party, the opposing party may file a motion to compel satisfaction of the judgment. If the motion is granted, the judgment is deemed satisfied.

On the filing of a motion to compel satisfaction of the judgment, the case will be transferred from the small claims division to the justice court. A justice of the peace may hold a hearing on the motion to compel satisfaction of the judgment. A justice of the peace may compel the moving party to post a bond with the justice court in the amount of the judgment.

 

 SMALL CLAIMS FORMS