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Plaintiff’s Initial Steps
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.