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About Small Claims
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
 
Defined
“Small claims division” means a forum in justice court in which procedures allow the inexpensive, speedy and informal resolution of small claims. A small claims lawsuit is a voluntary, simplified procedure for the small claims division in the justice court. Every justice court in Arizona has a small claims division. The Arizona Revised Statutes and the Arizona Rules of Small Claims Procedure govern procedures for small claims cases.
 
Jurisdiction
The small claims division has concurrent original jurisdiction with the justice court and may only decide lawsuits in which the debt, damage, tort, injury, or value of the personal property claims by the plaintiff are not more than $3,500 and counterclaims by the defendant are not more than $3,500, exclusive of interest and costs. A small claims lawsuit also includes lawsuits where a party asks the court to disaffirm, avoid, or rescind a contract, or seeks equitable relief, and the amount at issue is not more than $3,500.
 
Venue
Venue is the proper or possible place for a lawsuit to proceed, usually because the place has some connection to the events that give rise to the lawsuit, or to the plaintiff or defendant. If the lawsuit was not filed in the correct justice court, the defendant may file a motion to change the venue of the lawsuit. The plaintiff will have 10 days to file a response. If the motion is granted, the court will transfer the case to the proper precinct. However, all parties must appear at any scheduled court dates until they receive notice that the court has granted the motion. The proper venue for a case can be determined by reviewing ARS § 22-202:

The plaintiff must file the lawsuit in the precinct where the defendant resides, “except:
  1. If a defendant or all of several defendants reside outside the state or when their residence is unknown, the action may be brought in the justice precinct where the plaintiff resides.
  2. A married person may be sued in the justice precinct where the person’s spouse resides unless the spouse is living separate and apart from the defendant.
  3. Transient persons may be sued in any justice precinct in which found.
  4. Persons who have contracted a debt or obligation in one justice precinct and thereafter move to another precinct may be sued in either precinct.
  5. Persons who have contracted in writing to perform an obligation in one justice precinct may be sued in that precinct or where the persons reside.
  6. If there are several defendants residing in different justice precincts, an action may be brought in the justice precinct where any of the defendants reside.”
 
No Juries, No Appeals, No Attorneys
There is no right to a jury in the small claims division. There are no appeals in small claims cases and the decision of the hearing officer or justice of the peace is final and binding on both parties. An attorney-at-law cannot appear or take part in the filing or prosecution or defense of any matter designated as a small claim unless the parties agree to it in writing, except that attorneys may represent themselves in propria persona.
 
Motions
A motion for change of venue and a motion to vacate a judgment are the only motions allowed in a small claims action.
 

SMALL CLAIMS FORMS