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  3. / Small Claims (Under $3,500) Forms & Kits

Small Claims (Under $3,500) Forms & Kits

Small Claims

亚利桑那州的每个司法法院都有一个小额索赔部门，为解决大多数不超过3美元的民事纠纷提供廉价和快速的方法,500.

  • 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. 小额申索案件的程序简单到足以让当事人提交所有所需的表格，并在非正式聆讯中代表自己.

There are two specific motions allowed by law in a small claims action. These are a Motion for a Change of Venue (Location) and a Motion to Vacate a judgment.

Small Claims (Under $3,500)

Who Can Use the Small Claims Procedure?

The small claims courts can be used by any individual, partnership, association or corporation for civil claims that do not exceed $3,500. Small claims cases are simplified; therefore, lawyers are not allowed. However, they may be allowed to participate if all parties agree. A form, Stipulation for Use of Attorneys, may be filed for this purpose any time prior to the hearing. Attorneys can appear in the small claims division if they are representing themselves. Either party may object to the proceedings being held in the small claims division. 有关要求必须在聆讯预定时间最少10个工作天前以书面提出. The case then will be transferred, the rules of civil procedure apply to the case, permitting claims in excess of $3,500, attorney representation, jury trial and appeal. The party requesting the transfer will be assessed a transfer fee.

Things to Consider Before Filing

This is your case. 您全权负责起诉或抗辩索赔或追回任何金钱奖励. The clerks at each of the courts are not attorneys and are not authorized to give legal advice. It is not the court clerk's responsibility to advise you if you have a legal claim. The clerk is not responsible for any error you may make in asserting or defending the claim. The court does not take sides or render an opinion regarding the merits of a claim. There are certain steps you must follow to pursue your case properly. 我们提供了以下资料，以协助你在法院处理你的案件的一般程序. The flowcharts, which you can link to on the top left side of this page, might be helpful in providing a basic overview of the small claims process. We also have made some forms available online. The complaint form can be filled out on your computer and then printed out. Please see our forms dropdown above for detailed instructions.

How Much Does a Small Claims Case Cost?

Click here to go to a Schedule of Fees.

When May a Small Claims Complaint be Filed?

People should try to settle their disputes and disagreements out of court whenever possible. If an agreement cannot be reached, a small claims complaint may be filed. The types of claims that can be filed in the small claims division include:

  • money debts
  • personal injury
  • property damage
  • contracts

The types of claims that cannot be filed in the small claims division are those for:

  • libel or slander
  • prejudgment remedies
  • injunctive relief
  • specific performance
  • class actions
  • traffic violations
  • criminal matters
  • claims greater than $3500.
  • evictions (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.)

法院的书记员可以回答大多数与管辖权有关的问题, venue, pleadings or procedures that this web site cannot answer for you. 请记住，书记员不能从事法律业务，不能给您提供法律建议.

Statutes of Limitation

民事诉讼的时效从引起诉讼的事件发生之日起计算.* The time limits apply to both civil suits and small claims. Please note, this list is meant as a general guide. Not all of the cases listed below can be filed or heard in Justice Court. Click here to view the Arizona laws outlining statutes of limitation.

  • One year - Malicious prosecution; false imprisonment; libel or slander; breach of employment contract; wrongful termination; liability created by statute (Arizona Revised Statutes § 12-541).
  • Two years - Personal injury; injury when death ensues; damage to property; conversion of property; product liability; forcible entry and forcible detainer (Arizona Revised Statutes § 12-542)
  • Three years - Debt from oral contract; stated or open account; relief on ground of fraud or mistake (Arizona Revised Statutes § 12-543)
  • 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 (Arizona Revised Statutes § 12-544, 545, 546)
  • Six years - Written contracts for debt (Arizona Revised Statutes § 12-548)
  • 四年-在某些特殊情况下，没有其他限制的诉讼(追回不动产除外)(亚利桑那州修订法规第12-550条)*, time limits can be extended or deferred. Please consult an attorney to determine if these circumstances apply to your case.
How is a Small Claims Case Initiated?

原告(提起诉讼的个人或组织)通过向适当的司法法院提交投诉来开始小额索赔案件. The case must be filed in the correct venue. 原告必须在被告(被起诉的个人或组织)居住或经营业务的司法法院提起诉讼, or where the act/incident took place.

  • Click Here for a Map View of Location Section for help in determining the correct precinct for your case.
  • Click Here for a List View of Location Section for help in determining the correct precinct for your case.
  • Click here for examples of how to fill in "defendant designation".
How is the Defendant Served with the Complaint?
  • The summons and complaint must be served on each named defendant. This is called "service of process". 传票及诉状可以挂号信或挂号信送达，并须交回收据. 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. 原告可以亲自或通过头等邮件向法院提交返回收据(绿卡). 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, 公司的法定代理人或高级职员必须代表投诉书中所述的公司送达. 您可以通过拨打亚利桑那州公司委员会的电话获取法定代理人或公司管理人员的姓名和地址 (602) 542-3026.
     
  • You can also serve the defendant through the Mohave County Sheriff's Office, constable or 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.
Venue

If the complaint has been filed in the wrong precinct, the defendant can file a Motion for Change of Venue. The form may be obtained from the court. The plaintiff may file an objection to the requested change. If the court orders a change of venue, the case shall be transferred to the proper precinct and the plaintiff shall pay all fees. The motion alleging improper venue must be made before filing the ANSWER. If the defendant fails to file a timely request for a change of venue, that right is waived.

Fees

Click here to see a list of fees associated with filing and responding to a suit.

How is a Small Claims Complaint Answered?

After receiving the summons and complaint, the defendant has 20 days to file an answer with the court. If the defendant fails to file an answer within 20 days, the plaintiff may initiate default proceedings. If the Defendant is served out of state, they have 30 days to file an answer.

How is a Counterclaim Filed?

A Counterclaim is a statement by the defendant, 不一定要反对原告的主张，但要指控其他事实以确立被告对原告的主张. The defendant's counterclaim may also demand money from the plaintiff. If this demand does not exceed $3,500.00, the case remains in the small claims division.

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 will have to pay a separate filing fee to file a counterclaim. View online forms & instructions above.

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 20 days after service is complete, an Application for Entry of Default may be filed with the court. 声称违约的一方未在违约通知生效后10个司法日内提出答辩, the default will take effect. 你有责任在有或没有聆讯的情况下提交缺席判决申请. A Statement of Costs and proof of the claim (receipts, contract, etc.) must also be filed and served upon all the parties in the lawsuit. 法院将在10个审判日届满前的任何时间接受答辩或其他应诉答辩.

If the defendant does not file an answer to a complaint, or if the plaintiff does not file an answer to a counterclaim, within 20 days after service is complete, an Application for Entry of Default may be filed with the court. 声称违约的一方未在违约通知生效后10个司法日内提出答辩, the default will take effect. 你有责任在有或没有聆讯的情况下提交缺席判决申请. A Statement of Costs and proof of the claim (receipts, contract, etc.) must also be filed and served upon all the parties in the lawsuit. 法院将在10个审判日届满前的任何时间接受答辩或其他应诉答辩.

How do I Prepare for Trial?

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, 原告和被告都应当按照事件发生的先后顺序记录案件的事实和细节. 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.

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 judicial days to consider the facts in the case, research the law, make a decision and notify the parties of the judgment by mail.
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.

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.
How is the Judgment Collected?
The plaintiff may be awarded a judgment on the claim against the defendant, 或者被告可能被判对原告提出反诉(如果提起反诉). 作出判决的一方被称为判决债权人，被判决的一方被称为判决债务人.
  • 判定债务人考试/补充程序-获取判定债务人的就业信息, 银行账户或其他资产，你可要求法院下令在审判结束后立即或在判决后的任何其他时间对债务人进行审查. 签发和送达债务人审查令(称为补充程序令)需要额外的费用和费用。.
  • 扣押令状-在你以正式书面要求支付判决金额后，可发出扣押令状. A Writ of Garnishment on non-earnings can be issued to garnish other assets, such as a bank account or other income property.
  • 执行令状-执行令状授权警务人员对价值不菲的非豁免个人财产征收税款. You must provide a description and the location of the property.
  • The clerk can provide you with the necessary garnishment or execution forms. 你须为发出和送达扣押令状及执行令状支付额外费用. 如果你的判决是由一场车祸导致的，你有一份事故报告，但在判决生效后60天内仍未支付, you may notify the court. A clerk will then report the non-payment to the Arizona Department of Transportation, Motor Vehicle Division, pursuant to Arizona Revised Statutes § 28-4071. MVD will suspend the judgment debtor's driver's license, registration and non-resident operating privilege.

When you are paid in full you must file a Satisfaction of Judgment with the court. This form is available from the court.

Other Information
Either a Justice of the Peace or an appointed Volunteer Hearing Officer may hear your case. Any party may object to the use of a hearing officer prior to the hearing date. The court can provide you with a form to make this objection. The case will then be referred to and heard by the Justice of the Peace. Arizona Revised Statutes § 22-506.