Civil Law

Hello and welcome to YourBestLawyer.com. While you do not need to hire an attorney for a small claims suit, we've provided information to equip you with the essential knowledge needed to handle this task if you find yourself in such a situation.

Small Claims

Small claims court is designed for individuals to handle civil suits without the need for legal representation. This court is noteworthy because it is designed to quickly and inexpensively resolve disputes. These cases are limited to disputes involving amounts not exceeding $3,500. Unlike other courts, small claims court operates without juries, appeals, or the presence of attorneys, unless both parties agree to be represented by an attorney. It provides a simplified and accessible platform for people to address and resolve their legal issues in a straightforward manner.

Things to know before you file a small claims complaint:

Before filing a complaint, it's important to know a few things. The person who starts a lawsuit is called the plaintiff, and they need to have a direct connection to the issue they're complaining about. The complaint, or the formal document stating the problem, must be filed in the right court and be clear about why the claim is being made. Also, the total amount of money being asked for in all the claims cannot be more than $3,500. There is a fee for filing the complaint and if you can't afford it, you can ask for help by applying for a fee waiver or deferral.

Where do you file a small claims court?

When you file a small claims case, you do it in the Smalls Claims Division of the Arizona Justice Courts. The person filing the claim, called the plaintiff, needs to file it in the justice court precinct where the person they are suing (defendant) lives. However, there are some exceptions: if the defendant lives outside of Arizona or their address is unknown, the case can be filed where the plaintiff lives. If the defendant is married, they can be sued where their spouse lives unless they are separated. If the defendant is homeless or without a permanent address, they can be sued where they are found. Also, if a person owed money in one area and then moved, they can be sued in either place. The same goes for contracts – if it was signed in one location, the case can be filed there or where the defendant lives. If there are multiple defendants living in different areas, the case can be filed in any precinct where at least one defendant lives.

After the complaint is filed, you need to “serve” the defendant:

Once you've filed your complaint in court, the court issues a summons, along with your complaint and notices, to the people you're complaining against. You can think of a summons as the court officially summoning the other party to come and defend themself. This delivery process is called "serving." There are three ways to do this: the first option is sending it by registered or certified mail with a return receipt. The second option is having a constable, sheriff, or process server deliver it and filing a proof of service. Finally, in some places, the court clerk may use certified restricted mail. You must file proof of service within 45 days, or your complaint might be thrown out. If the postal carrier doesn't note the delivery date or it's unreadable, it's considered delivered when you receive the return receipt from the carrier and file it with the court. The whole process must wrap up within 65 days of serving, or your case might be dismissed.

Unlike cases filed in other divisions, once the complaint is filed it cannot be changed and new claims cannot be added to or removed from it. If you think of a new claim or more damages to add to the complaint you have already filed, you must dismiss your current case and file a new one. However, if you realize that you need legal representation or want to pursue more than $3,500, there's a procedure for that. Either the person initiating the lawsuit (plaintiff) or the one responding to it (defendant) can request the case to be moved from small claims to the civil division. This involves submitting a transfer request at least 10 days before the scheduled hearing. However, if you're the plaintiff and wish to keep the case in small claims, you have the option to voluntarily dismiss it. This is allowed under specific conditions: the defendant hasn't responded or filed a counterclaim, and it's been less than 15 days since the request to move to the civil division was made.

What should you do if served with a small claims suit?

After getting notified about a legal complaint, the person being accused (the defendant) has 20 days to write a response called an "Answer" and send it to the person who filed the complaint (the plaintiff). There's a fee to file this response, but if the defendant can't afford it, they can ask to pay later or have the fee waived. If the defendant doesn't respond within those 20 days, the person who filed the complaint (the plaintiff) can start a process called default proceedings, which means the court will enter a default against the defendant and the plaintiff can have a judgment entered in their favor within 10 days of the default being entered. The court will not hear evidence or testimony in this case, but will simply give the plaintiff the judgment they have asked for.

Can you file a counterclaim?

A counterclaim is like a response from the defendant, the person being sued, saying the one who filed the case owes them something or did something wrong. It could be about the same problem the plaintiff refers to in their initial complaint or even a totally different matter. When making a counterclaim:

• The defendant must do it within 20 days of getting notified about the case.
• The defendant can't ask for more than $3,500, or the case might move to a different court.
• As with the complaint, once the defendant files a counterclaim, it can't be changed or added to.

What if we settle the matter before the hearing date?

If you settle the lawsuit before the hearing date, the plaintiff must tell the court by filing a notice of settlement.

What will happen at the small claims hearing:

For your small claims hearing, the court clerk will tell you the date, time, and place within 60 days of the defendant responding. The hearing is led by a Justice of the Peace or a volunteer hearing officer, and it's simpler than other courts. If you prefer a Justice of the Peace to hear the case, you need to request it 15 days before the hearing. If the given date doesn't work, a request to reschedule must be made 15 days in advance. Your request might be denied without a good reason or proper documentation, and emergency requests need a very strong reason. It's crucial to stick to the given timeframes.

The person in charge of the hearing will listen to what both sides say, and consider any witness testimony and documents presented. They can also ask questions, and the plaintiff and defendant can ask questions too. It's important to note that there's no formal process to discover evidence before the hearing because strict rules of evidence do not apply. So the parties can submit any evidence at the hearing that seems relevant and important. However, if the person in charge thinks the evidence isn't reliable or could cause confusion, unfairness, or waste time, it might not be accepted. If the defendant doesn't show up, the court might decide based on the evidence presented and may rule in favor of the plaintiff. If the plaintiff doesn't show up, the court may dismiss the case. If no one appears, the court will close the case without making a decision, but it can be reopened later.

Judgment:

Once your small claims case concludes, a judgment is the official decision made by the court, and it is an order that both parties have to follow. This decision is binding and cannot be appealed. The person in charge, either the Justice of the Peace or hearing officer, can give their decision right after the hearing or within 10 days. After this, the court has 5 days to send everyone a copy of this decision. If you owe money, it needs to be paid right away once the judgment is made. If you won the case, you have 30 days to let the court know if the money you were owed has been fully paid. If it hasn't, the case might move to another court where more actions can be taken to collect the money through wage garnishment or levy. If you can't find the person who owes you money, you can ask the court to make them pay. If the court agrees and the defendant pays, it means the judgment is satisfied, and you've successfully dealt with the case.

Other things to know:

If you want to cancel or undo a court decision, that's called vacating a judgment. This might involve lawyers. The court can do this if there was a mistake, fraud, or some other valid reason. For example, if someone didn't know about the case or there was unfair behavior, a party can file a Motion to Vacate with the court. Exactly how long a party has after judgment is entered to file a Motion to Vacate depends on the reason for filing the motion. For example, if the defendant is filing a Motion to Vacate because of mistake or fraud, then the motion must be filed within 6 months. After filing, you must give the motion to the other side on the same day. The opposing party then has 15 days to respond in writing and must give a copy to the person who filed the motion on the same day they respond.

Credit for this script:

Author: Felix Martinez
Paralegal that checked for accuracy: None
Attorney that checked for correct information and to make sure there was no legal advice given: Jennifer Nichols-Moore
Other information obtained from:
https://www.azleg.gov/arsDetail/?title=12
https://www.azcourts.gov/Self-Service/CivilLaw.aspx
https://casetext.com/rule/arizona-court-rules/rules-of-civil-procedure-for-the-superior-courts-of-arizona