Arizona Small Claims & Time Limits for Lawsuits

In Arizona, specific time limits apply to filing lawsuits, known as "statutes of limitations." Each type of case has a set time limit, helping ensure that people file lawsuits soon after an event happens, while evidence is fresh and disputes aren’t delayed for years. The "clock" starts when an issue occurs, like a missed loan payment, a car accident, or fraud. Below are the common types of small claims lawsuits in Arizona, with time limits and references to the relevant statutes.

Are you looking for the statute of limitations in a different state? Check out our 50-state guide to statutes of limitations.

• In Arizona, the statute of limitations for a small claims lawsuit is the same as for a lawsuit filed in regular civil court.

• The statute of limitations is the deadline for filing your lawsuit, not the deadline for your hearing.

• The court clerk doesn’t interpret the statute of limitations; the judge does. This means that while a court clerk may file your lawsuit, the judge may dismiss (close) your case at the hearing if they determine that the statute of limitations deadline has passed.

• Do not wait to file your lawsuit after an incident occurs. You don’t want to risk missing the statute of limitations.  

• If you are having a hard time determining the statute of limitations for your case, consult with an attorney so they can help you understand the deadline to file your lawsuit. 

Written Contract: For written contracts, the time limit depends on the contract type:

• Debt repayment: Creditors have 6 years to file a lawsuit.  For example, if you loaned money to someone under a written agreement and they failed to repay, you would have six years to pursue a claim. (A.R.S. § 12-548).

• Sale of goods or services: Parties have 4 years to file, though contracts can shorten this to 1 year, but not extend it.  For instance, if you purchased equipment from a vendor and they failed to deliver as promised, you have up to four years to take legal action. (A.R.S. § 47-2725).

• Wrongful termination: Under an employment contract, you have 1 year to file. If your employer violated employment laws, consider consulting an attorney, as additional remedies may be available (A.R.S. § 12-541). The Arizona State Bar can help you find a lawyer.  For example, if you believe you were fired because of discrimination—maybe due to your age, race, or gender—you could file a wrongful termination claim. Or, if you were fired after reporting unsafe conditions at work, this might also be grounds for a claim. It’s a good idea to talk to a lawyer who can help you understand your options. The Arizona State Bar can help connect you with someone who specializes in these cases.

Oral Contract: Verbal agreements to repay debts are enforceable in Arizona. You have 3 years to file (A.R.S. § 12-543). For example, if you verbally agreed with a friend to lend them money for car repairs and they promised to pay you back, you could enforce that agreement within three years. However, it is very important to be aware that in Arizona, some oral agreements aren’t enforceable, including:

• An agreement to pay another person’s debt.  For instance, if you verbally promised to cover your sibling’s car loan, that agreement would not be enforceable unless it’s in writing. (A.R.S. § 44-101(2))

• Sales of goods or services worth over $500.  For example, a verbal agreement to buy a used laptop for $700 would need to be in writing to be enforceable. (A.R.S. § 47-2201(A))

• Agreements that can’t be completed within a year, like a long-term lease.  For instance, if you verbally agree to a two-year lease on a property, this agreement must be in writing to be enforceable, as it cannot be completed within a year.

• Sales of real estate.  For example, if you make a verbal agreement to sell your house, this agreement is not enforceable unless it is in writing. Real estate transactions must be documented to protect both the buyer and the seller.   (A.R.S. § 44-101).

For all these types of oral agreements to be enforceable, they must be put in writing and made into written agreements!

If someone injures you or damages your property, you have 2 years to file a claim (A.R.S. § 12-542). This time limit applies to cases involving:

• Car accidents: Including both physical injuries to your person and damage to your vehicle.  For example, if you’re injured in a rear-end collision, you have two years to file a claim for medical expenses and car repairs.

• Theft or damage of personal items: Covers claims for the loss or damage of personal property, such as phones, jewelry, and other valuables.  For instance, if your phone is stolen or someone damages your laptop, you can file a claim within two years to recover costs.

• Assault injuries: Allows individuals to file claims for injuries resulting from an assault or physical altercation.  For example, if you’re injured in a fight or attacked by someone, you have two years to file a claim for medical bills or other damages related to the incident.

Fraud happens when someone knowingly deceives you for their benefit. You have 3 years from when you discover the fraud to file a lawsuit (A.R.S. § 12-543). Under Arizona law, fraud is defined as obtaining benefits through false representations, promises, or material omissions.  For example, if a contractor promises to complete home renovations, takes your money, but never starts the work and provides false excuses, this could be grounds for a fraud claim. Another example is if a seller hides serious defects in a property you’re buying, such as structural damage, and you only discover this deception later. In both cases, you would have three years from when you realize the fraud to take legal action.

Tip: If a business commits fraud, you may also want to file a complaint with the Arizona Attorney General’s office. 

Medical malpractice, defined at (A.R.S. § 12-561) occurs when a healthcare provider’s treatment causes harm. You must file within 2 years of the incident (A.R.S. § 12-542). For example, medical malpractice may occur if a surgeon operates on the wrong body part or if a doctor fails to diagnose a serious condition despite clear symptoms.  Proving medical malpractice often requires expert witnesses, so consulting an attorney is recommended. Many attorneys take these cases on contingency, meaning they only get paid if you win.

Defamation involves damaging someone’s reputation by spreading false information. Libel refers to written defamation, and slander refers to spoken defamation. You have 1 year to file after the incident (A.R.S. § 12-541). It’s important to remember that truthful statements and opinions aren’t defamation, and special rules apply if you are a public figure.  For example, if someone publishes a false article claiming you committed a crime, this could be grounds for a libel lawsuit. Similarly, if a person spreads untrue rumors verbally that harm your business reputation, you could file a slander claim. In both cases, you must act within a year of the defamatory statements.

If you need to sue a government agency or employee (for example, due to an injury on government property), you must file within 180 days of the incident (A.R.S. § 12-821.01). This is a shorter time frame than other cases, so it’s important to act quickly. For example, if you slip and fall at a public park because of unsafe conditions, you’ll need to file your claim within 180 days. Or, if a government worker damages your car while on duty, you have the same time limit to make a claim. Waiting too long could mean you lose your chance to get compensated.

In Arizona, eviction cases, known as "forcible entry and detainer" actions, must be filed by the tenant within 2 years from when the grounds for eviction arise. (A.R.S. § 12-542(6)).  For example, if you are a landlord and your tenant fails to pay rent, you are within your rights to bring an action against the tenant for forcible entry and detainer within two years of the breach of the agreement to pay rent. Given the low threshold for small claims court and Arizona and the high cost of rent, a landlord has a limited time frame to utilize small claims court. The more damages to the landlord (i.e. the more unpaid rent accruing) can lead to the case being removed to a different court. 

In conclusion, Arizona’s small claims court can help people resolve various disputes, but how long you have to bring the case in small claims court or other Arizona courts, depends on the type of case. To ensure you file within the allowed time, consider consulting an attorney if needed.