The Judicial Branch of Arizona, Maricopa County
Justice Courts >Courts And Sections >Small Claims
Small Claims Frequently Asked Questions
Click here for online Small Claims Complaint
form or the Small Claims Counterclaim form.
What is a small claims division?
Every justice court in Arizona has a small claims division to provide an inexpensive and speedy
method for resolving most civil disputes that do not exceed $2,500.
Only the most serious reasons will be considered by the court in ruling on this request.
Prior to trial, both the plaintiff and defendant should write down the facts and details of the case in the order in which events occurred. Both parties should bring all witnesses and necessary papers (for example, bills, receipts, price estimates, pictures of damage, etc.) with them when they appear for the trial. If the plaintiff and defendant settle the case prior to the trial, the parties must notify the court, in writing, to dismiss the action. Both parties must stipulate (agree) to the dismissal once an answer has been filed.return to top What happens at trial? On the day of the trial, both parties must appear on time before the judge or hearing officer and testify. The court will also hear the defendant's counterclaim, if one has been filed. After both parties have presented their witnesses, testimony and evidence, the judge or hearing officer will make a decision, called a judgment, and record that decision in the court's records. In most cases the judgment is announced at trial; however, the judge has 10 working days to consider the facts in the case, research the law, make a decision and notify the parties of the judgment by mail.return to top What happens if I do not appear at the trial? If the defendant fails to appear at the trial, the judge or hearing officer may hear testimony from the plaintiff and his or her witnesses, examine other evidence presented by the plaintiff and enter a judgment against the defendant. If the plaintiff fails to appear at trial, the court may, and probably will, dismiss the case. If both parties fail to appear, the matter will be dismissed.return to top Can the court's decision be appealed or changed? Neither party can appeal the decision of the judge or hearing officer in a small claims case. If either party believes the judgment was entered in error, or if there were good reasons for one of the parties not appearing in court, that party may file a Motion to Vacate Judgment asking the court to set aside, or vacate, the judgment. The court will review the motion and notify both parties of its decision.return to top How is the judgement collected? The plaintiff may be awarded a judgment on the claim against the defendant or the defendant may be awarded a judgment on a counterclaim (if one was filed) against the plaintiff. he party awarded judgment is known as the Judgment Creditor and the party who the judgment is against is known as the Judgment Debtor.
- All cases are heard by either a judge or hearing officer, who then makes a decision.
- The decision is final and binding on both parties. There is no right to a jury trial or an appeal in small claims cases.
- Formal Rules of procedure do not apply. Procedures in small claims cases are intended to be simple enough for a person to file all the necessary forms and represent him/herself at an informal hearing.
- money debts
- personal injury
- property damage
- contracts
- libel or slander
- prejudgement remedies
- imjunctive relief
- specific performance
- class actions
- traffic violations
- criminal matters
- claims greater than $2500
- forcible entry or detainer
- actions against this state; it's political subdivisions; OR
- an officer or employee in an official capacity (i.e. State, County City, Salt River Project, etc.)
- One year - Malicious prosecution; false imprisonment; libel or slander; breach of employment contract; wrongful termination; liability created by statute (ARS 12-541)
- Two years - Personal injury; injury when death ensues; damage to property; conversion of property; product liability; forcible entry and forcible detainer (ARS 12-542)
- Three years - Debt from oral contract; stated or open account; relief on ground of fraud or mistake (ARS 12-542)
- Four years - Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; bond of personal representative or guardian; specific performance of contract to convey realty (ARS 12-544, 545, 546)
- Six years - Written contracts for debt (ARS 12-548)
- Four years - Actions for which no limitation is otherwise prescribed (other than for recovery of real property) (ARS 12-550)
- Click here to go to the Location Section for help determining the correct precinct for your case.
- Click here for examples of how to fill in "defendant designation".
- The summons and complaint must be served on each named defendant. This is called "service of process." The summons and complaint may be served by registered or certified mail, return receipt requested. Service is deemed complete when the defendant signs for it. The return receipt must then be filed with the court. If the postal service does not enter a date of delivery or the date is not legible, service is deemed complete on the date the return receipt is filed with the court. The plaintiff may file the return receipt (the green card) with the court in person or by first class mail. Remember, each named defendant must be served a copy of the complaint/summons. You should use restricted delivery to ensure the named party signs the return receipt. If the claim is against a corporation, the statutory agent or an officer of the corporation must be served on behalf of the corporation named in the complaint. You may obtain the name and address of a statutory agent or corporate officer by calling the Arizona Corporation Commission at (602) 542-3026.
- You also can serve the defendant through a private process server. You can use this method if the defendant cannot be served by registered or certified mail. Any registered private process server will serve the summons and complaint for a fee. Process service companies are found in the Yellow Pages. The courts cannot recommend a particular process server. Some courts may have drop boxes for process servers in which documents can be placed
If it exceeds this amount, the case is transferred out of the small claims division. All counterclaims are filed at the time of filing the answer. If not, the defendant must seek permission of the court by filing a motion to file a counterclaim. Click here for online forms instructions and online forms.
return to top What happens if an answer is not filed? If the defendant does not file an answer to a complaint, or if the plaintiff does not file an answer to a counterclaim, within twenty days after service is complete, an Application for Entry of Default may be filed with the court. If the party claimed to be in default fails to file a responsive pleading within 10 business days of the notice of entry of default, the default will take effect and judgment by default may be entered. The court will accept an answer or other responsive pleading at any time prior to judgment.return to top How do I prepare for trial? The trial will be scheduled within 60 days from the date the defendant files an Answer with the court. The clerk will notify both parties of the time and place of the trial. If either party wishes to postpone the trial to a later date, a Request for Continuance form must be filed with the court by that party. This form may be obtained from the court clerk.Only the most serious reasons will be considered by the court in ruling on this request.
Prior to trial, both the plaintiff and defendant should write down the facts and details of the case in the order in which events occurred. Both parties should bring all witnesses and necessary papers (for example, bills, receipts, price estimates, pictures of damage, etc.) with them when they appear for the trial. If the plaintiff and defendant settle the case prior to the trial, the parties must notify the court, in writing, to dismiss the action. Both parties must stipulate (agree) to the dismissal once an answer has been filed.return to top What happens at trial? On the day of the trial, both parties must appear on time before the judge or hearing officer and testify. The court will also hear the defendant's counterclaim, if one has been filed. After both parties have presented their witnesses, testimony and evidence, the judge or hearing officer will make a decision, called a judgment, and record that decision in the court's records. In most cases the judgment is announced at trial; however, the judge has 10 working days to consider the facts in the case, research the law, make a decision and notify the parties of the judgment by mail.return to top What happens if I do not appear at the trial? If the defendant fails to appear at the trial, the judge or hearing officer may hear testimony from the plaintiff and his or her witnesses, examine other evidence presented by the plaintiff and enter a judgment against the defendant. If the plaintiff fails to appear at trial, the court may, and probably will, dismiss the case. If both parties fail to appear, the matter will be dismissed.return to top Can the court's decision be appealed or changed? Neither party can appeal the decision of the judge or hearing officer in a small claims case. If either party believes the judgment was entered in error, or if there were good reasons for one of the parties not appearing in court, that party may file a Motion to Vacate Judgment asking the court to set aside, or vacate, the judgment. The court will review the motion and notify both parties of its decision.return to top How is the judgement collected? The plaintiff may be awarded a judgment on the claim against the defendant or the defendant may be awarded a judgment on a counterclaim (if one was filed) against the plaintiff. he party awarded judgment is known as the Judgment Creditor and the party who the judgment is against is known as the Judgment Debtor.
- Judgment Debtor Exam/Supplemental Proceedings. To obtain information about the Judgment Debtor's employment, bank accounts or other assets you may ask the Court for an order for a debtor's examination to be held immediately following the trial or at any other time after judgment. Additional fees and costs are required for issuing and serving an order for a debtor's examination (called an Order for Supplemental Proceedings).
- Writs of Garnishment A Writ of Garnishment of earnings can be issued after you make a formal written demand for payment of the judgment amount. A Writ of Garnishment of non-earnings can be issued to garnish other assets, such as a bank account or other income property.
- Writ of Execution A Writ of Execution empowers the Constable to levy on non-exempt personal property of value. You must provide a description and the location of the property.
- The clerk can provide you with the necessary garnishment or execution forms. You will have to pay additional fees and costs for issuing and serving Writs of Garnishment and Writs of Execution. If your judgment is the result of an automobile accident for which you have an accident report and remains unpaid 60 days after the judgment has been entered, you may notify the court. A clerk will then report the non-payment to the Arizona Department of Transportation, Motor Vehicle Division, pursuant to ARS 28-4071. MVD will susspend the judgement debtors driver's license, registration and non-resident operating privilege.
When you are paid in full you must file a Satisfaction of Judgement with the court. This form is available from the court.
© 2007
