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Small claim suits cannot exceed $3,500.
- 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. 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.
There are two specific motions allowed by law in a small claims action.
These are Motion for Change of Venue (Location) and Motion to Vacate a Judgment.
The small claims court 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.
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
Time limits in civil
actions accrue from the date the events that gave rise to the action occurred.*
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 (ARS
12-541)
- Two years - Personal injury; injury when death ensues; damage to property;
conversion of property;
product liability; forcible entry and eviction action (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)
*Under some special circumstances, time limits can be extended or deferred. Please consult an attorney to
determine if these circumstances apply to your case.
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.
Click here to
go to the Location Section for help determining the correct precinct
for your case.
| Small Claims Complaint | $53.00 |
| Answer to: Small Claims Complaint | $43.00 |
| Writ of Garnishment (does not include Constable service) | $33.00 |
| Writ of Garnishment (includes minimum mileage) | $97.00 |
| Writ of Execution (includes minimum mileage) | $113.00 |
| Judgment Debtors Exam Issue Fee | $28.00 |
| Filing any paper or performing any act for which a fee is not specifically prescribed | $28.00 |
| Certification of any documents | $28.00 |
| Copies of documents | $0.50 per page |
Click Here
to see all Justice Court Fees.
Click Here to see all Justice Court Forms.
Click Here
to see all Justice Court How-To Packets.