How Small Claims Court Works in Arizona

If you want to settle a dispute without paying expensive attorney fees, consider filing a small claims court case in Arizona. Small Claims Court is a division of the Arizona Superior Court that handles civil disputes between individuals and businesses with damages of $3,500 or less. In this article, we explain how small claims court works in Arizona.

A small claims case is a legal proceeding filed in a local court of law. It is not an actual court but a division within the regular court system that handles minor disputes between parties. Disputes can include unpaid debts, personal injuries, or damaged property. A small claims case differs from other types of lawsuits because it has much lower filing fees and limits on how much money the court can award at the end of the trial. Small claims cases are less formal than regular civil lawsuits.

• The small claims court handles disputes between citizens who cannot resolve their issues through other means.

• Attorney representation for parties in a Small Claims action is only permitted if both parties consent. Review our guide on how to find a small claims lawyer in Arizona.

• There are no jury trials. Instead, it’s a simplified process where the plaintiff and defendant each offer their side of the case and then go home with a decision from the judge.

Before Small Claims Court

1. Consider sending a formal letter known as a demand letter to try and resolve the dispute out of court.

2. If your dispute is against a business, consider filing a complaint with the appropriate regulatory authority.

Filing

Generally, to file a claim, you must first complete a complaint to describe the dispute and the damages sought. The court clerk reviews the filed complaint paperwork and assigns it to a judge.

Filing Fee

There are different fees associated with Small Claims in Arizona

Serving the Defendant

Once you have filed your complaint, you must serve the defendant with a copy. Serving the defendant makes them aware that you have filed a case against them, so they must respond accordingly and attend the hearing.

You have different options when serving the defendant, which may differ depending on your county court’s allowable options. Some options may have a fee, but if you win the case, it will become reimbursable by the other party.

You may be able to serve through:

• A professional process service

• Certified mail

• County’s sheriff/marshall

You may also have a friend/family member serve the complaint if it’s allowed by the court. Most importantly, you cannot do it yourself if you are a party in the case.

Defendant’s Response

The defendant then has 20 days to file an answer with the court. After the defendant has filed an answer, the court will set a date for a hearing. At the hearing, both sides can present evidence and witnesses. The judge will then decide based on the evidence presented at the hearing.

The court will issue a judgment if the two parties cannot reach an agreement. The party who loses the case can then appeal the decision within 30 days.

The Court Hearing

After filing the complaint, the court will schedule a hearing for the case. It will typically be several weeks to months from the date of filing.

Both parties can present their case and any evidence they have to support their claims. Review our guide on how to prepare for your small claims hearing.

The judge will listen to both sides and decide based on the law and the evidence presented.

Enforcing the Judgment

If the judge rules in your favor, they will award a judgment that the defendant will have to pay; this is a formal way for the court to indicate that the defendant now owes you money. The court will not be paying you directly. If the defendant does not pay the judgment voluntarily, you may “collect” on it, including garnishing the defendant’s wages or seizing their assets.

Is there a limit to how much money you can get in Arizona’s small claims court?

• The limit to filing in small claims court in Arizona is $3,500

How do I start?

Filing a small claims complaint by the plaintiff (the party suing) initiates small claims litigation. The plaintiff must briefly state the justifications for the claim against the defendant in the complaint, which must be visible (the person being sued).

Resources:

• General Justice Court Information

• Small Claims Information and Procedures

• Small Claims Brochure

• Small Claims Flowchart

What is the deadline for filing your claim?

In Arizona, the deadline by which you can file your small claims lawsuit is known as the statute of limitation. Review our guide on common statutes of limitations for small claims cases in Arizona.

What happens if you don’t attend Arizona Small Claims Court?

If the plaintiff doesn’t appear at the hearing or notify the court of the reason for the absence, the court has several options. The judge may:

• Reschedule the case

• Dismiss the case with prejudice

• Dismiss the case without prejudice

• If the defendant appears, the judge may enter a judgment against you after considering the defendant’s evidence.