The Judicial Branch of Arizona, Maricopa County
Superior Court >Civil Department
How Do I... ? And Other Frequently Asked Questions
How do I obtain a change of name?
The Superior Court has general jurisdiction, including civil proceedings where the amount involved exceeds $10,000.
For all other cases that Superior Court accepts, please see the links below:
http://www.supreme.state.az.us/rules
http://www.clerkofcourt.maricopa.gov Who will hear my case, a Judge or a Commissioner? A case may be assigned to a Judge or a Commissioner, and the assignment may change depending on the case status or procedure.
Judges are assigned to the following matters:
http://www.superiorcourt.maricopa.gov/docket/index.asp How do I serve the defendant? The common practice is to use a registered private process server or the sheriff to serve a summons or complaint. In most instances a fee will be charge for the service. The Court cannot recommend the name of a process server. What do I do if I have been served with a summons or complaint?
A case assigned to arbitration: Arbitration Flowchart
A case not assigned to arbitration: Non-Arbitration flowchart How do I know the meaning of legal terms? Please see the Glossary of Common Terms. This glossary provides definitions for many terms. How do I know, if the court reduces the percentage amount to be garnished from my disposable income, will my employer return to me any funds withheld in excess of the new percentage amount ordered by the court? "Yes" - assuming the employer has simply withheld the funds and has not yet dispersed them to the creditor. If I am divorced, is my ex-spouse held responsible for debts incurred during the marriage? Generally, yes. If a court finds that both spouses received some benefit from a debt, both can be liable for the debt. If there is a judgment already entered and both the husband and the wife were named in the original judgment, the creditor may be able to assert collection against either and both parties. Where can I find the Default packet coversheet? Please see:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp Can I E-file my documents? Pursuant to Arizona Supreme Court's Administrative Orders, generally all documents must be filed electronically. The Administrative Order recognizes an exception for Civil Court Commissioner Default Packets and Garnishment packets. The documents must be filed electronically, but the packets containing proof of filing of the documents must be submitted to the civil commissioner's divisions. How soon will a hearing will be scheduled once I file a garnishment objection or request for garnishment hearing? A hearing should be scheduled within ten business days of receiving the objection / request for hearing. Will the garnishment of my wages stop once I file a request for hearing? No - the wages will be held until your employer receives an order from the Court. Where are my garnished wages held? Garnished wages are held by the garnishee until disbursed. Can I stop my wages from being garnished before the hearing? Generally, the withholding of the wages, known as the garnishment will continue until an Order stopping or reducing the amount of the garnishment is signed by the Court. How long do I have to file a request for a hearing on my Garnishment? A Party may within ten (10) days after receipt of the answer, file a written objection and request for hearing with the Clerk of the Superior Court. A.R.S. §12-1580 (A). How do I know when the Judge will rule on the merit once I have filed the application for Entry of Default? The clerk of the Maricopa County Superior Court will not enter separate Entry of Default, even if one is submitted with the Application for Entry of Default; it considers the filing of the application sufficient to constitute entry of default which will become effective ten (10) days thereafter. How do I know when the Judge will rule on the application for Entry of Default? A judicial officer will not sign an Entry of Default. Further, the Clerk of the Maricopa County Superior Court will not enter a separate Entry of Default, even if one is submitted with the Application for Entry of Default; the default becomes effective ten (10) days after the application is properly submitted to the court. If the amount of my garnishment is reduced, will I receive funds that have been held in excess of that amount? Generally, if the employer is still holding the funds and has not yet dispersed them to the creditor, you will receive the excess.
- For a minor?
- For an adult without children?
- For an adult with a minor child?
- For a family?
The Superior Court has general jurisdiction, including civil proceedings where the amount involved exceeds $10,000.
For all other cases that Superior Court accepts, please see the links below:
http://www.supreme.state.az.us/rules
http://www.clerkofcourt.maricopa.gov Who will hear my case, a Judge or a Commissioner? A case may be assigned to a Judge or a Commissioner, and the assignment may change depending on the case status or procedure.
Judges are assigned to the following matters:
- Temporary Restraining Orders
- Orders to Show Cause
- Pretrial Conferences
- Trials
- Any dispositive motions, such as but not limited to, summary judgments, placement on the inactive calendar, motions to dismiss.
http://www.superiorcourt.maricopa.gov/docket/index.asp
- Judgment Debtor Exams
- Changes of Names
- Forcible Detainers
- Garnishments
- Defaults
- Injunctions Against Harassment
- Orders of Continuing Lien
- Amended Marriage License
- Amended Birth Certificates
http://www.superiorcourt.maricopa.gov/docket/index.asp How do I serve the defendant? The common practice is to use a registered private process server or the sheriff to serve a summons or complaint. In most instances a fee will be charge for the service. The Court cannot recommend the name of a process server. What do I do if I have been served with a summons or complaint?
- If you are a corporation, the law requires that the corporation be represented by an attorney.
- If you an individual, you may be represented by an attorney or you may represent yourself. If you represent yourself, you will be responsible to
know and follow the Rules of Court. Please check the Arizona Rules of Court as to how to proceed with your case. Generally, a person must "appear"
by filing a "notice of appearance" with the court and also defend [known as "answer" the complaint] within 20 days (in state) and 30 days (out of state).
"http://www.supreme.state.az.us/rules
- Alternative Dispute Resolution (ADR) is an umbrella term for a full range of dispute resolution methods, both private and court-connected, designed to help parties resolve their conflicts. In the courts of Maricopa County, ADR supports a wide range of alternative programs to assist parties in settling pending court disputes without resorting to trial. The following link will provide further information regarding ADR: Alternative Dispute Resolution
- Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. Arbitration can be chosen for matters which only involve money, the amount of which does not exceed $50,000.
A case assigned to arbitration: Arbitration Flowchart
A case not assigned to arbitration: Non-Arbitration flowchart How do I know the meaning of legal terms? Please see the Glossary of Common Terms. This glossary provides definitions for many terms. How do I know, if the court reduces the percentage amount to be garnished from my disposable income, will my employer return to me any funds withheld in excess of the new percentage amount ordered by the court? "Yes" - assuming the employer has simply withheld the funds and has not yet dispersed them to the creditor. If I am divorced, is my ex-spouse held responsible for debts incurred during the marriage? Generally, yes. If a court finds that both spouses received some benefit from a debt, both can be liable for the debt. If there is a judgment already entered and both the husband and the wife were named in the original judgment, the creditor may be able to assert collection against either and both parties. Where can I find the Default packet coversheet? Please see:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp Can I E-file my documents? Pursuant to Arizona Supreme Court's Administrative Orders, generally all documents must be filed electronically. The Administrative Order recognizes an exception for Civil Court Commissioner Default Packets and Garnishment packets. The documents must be filed electronically, but the packets containing proof of filing of the documents must be submitted to the civil commissioner's divisions. How soon will a hearing will be scheduled once I file a garnishment objection or request for garnishment hearing? A hearing should be scheduled within ten business days of receiving the objection / request for hearing. Will the garnishment of my wages stop once I file a request for hearing? No - the wages will be held until your employer receives an order from the Court. Where are my garnished wages held? Garnished wages are held by the garnishee until disbursed. Can I stop my wages from being garnished before the hearing? Generally, the withholding of the wages, known as the garnishment will continue until an Order stopping or reducing the amount of the garnishment is signed by the Court. How long do I have to file a request for a hearing on my Garnishment? A Party may within ten (10) days after receipt of the answer, file a written objection and request for hearing with the Clerk of the Superior Court. A.R.S. §12-1580 (A). How do I know when the Judge will rule on the merit once I have filed the application for Entry of Default? The clerk of the Maricopa County Superior Court will not enter separate Entry of Default, even if one is submitted with the Application for Entry of Default; it considers the filing of the application sufficient to constitute entry of default which will become effective ten (10) days thereafter. How do I know when the Judge will rule on the application for Entry of Default? A judicial officer will not sign an Entry of Default. Further, the Clerk of the Maricopa County Superior Court will not enter a separate Entry of Default, even if one is submitted with the Application for Entry of Default; the default becomes effective ten (10) days after the application is properly submitted to the court. If the amount of my garnishment is reduced, will I receive funds that have been held in excess of that amount? Generally, if the employer is still holding the funds and has not yet dispersed them to the creditor, you will receive the excess.
