How Do I... ? And Other Frequently Asked Questions
How do I obtain a change of name?
See: Self-Service Center
Where should my case be filed: What are the jurisdictional limits between the Justice Court and the Superior Court?
Justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive
of interest, costs and awarded attorneys' fees (where authorized by law), is $10,000 or less.
- 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:
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:
Commissioners are assigned to the following matters:
How am I able to identify the name of the Judge or Commissioner assigned to my case?
In the Court's online webpage, open the Case Information Page. Then, click on Civil Cases. In the upper right hand corner,
under "JO", the Judicial Officer's name will be visible.
- Judgment Debtor Exams
- Changes of Names
- Forcible Detainers
- Injunctions Against Harassment
- Orders of Continuing Lien
- Amended Marriage License
- Amended Birth Certificates
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?
What is the difference between Alternative Dispute Resolution and Arbitration?
- 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).
How will my case be processed?
Please remember that all cases may present a variety of issues. The Court attempts to handle each consistently based upon
the issues presented.
- 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?
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.