How to File a Small Claims Suit in Arizona

Small claims courts in Arizona handle civil disputes that do not exceed $2,500. These courts offer a quick and inexpensive way to resolve many common legal matters.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Computer with Internet access
• PDF reader

Decide if You Should File in Small Claims Court

1. Answer most of your questions about small claims court on Nolo's Web site (see Resources below). The many articles detail the steps you should take before, during and after you file a small claims suit.
2. Consider the likelihood of actually collecting the judgment should you win. As long as the case falls within the statute of limitations for that type of claim, you may decide to file the suit when the person is more likely to pay.
3. Try settling the case without going to court. Keep copies of all demand letters in case you end up in front of a judge.
4. Avoid court all together by speaking to a mediator. Arizona justice courts administer a free program with volunteer mediators who can help you resolve your dispute.

File a Complaint for Small Claims Court

5. Download forms from the Arizona Supreme Court's Web site or obtain a copy from the county clerk's office (see Resources below). In some counties, there may be additional forms you must fill out, but the basic civil complaint form will help you start preparing your suit.
6. Decide where you should file the case. In general, small claims cases in Arizona must be filed in the county the defendant resides in or in which the business operates. Check with the proper county on additional forms, fees and regulations before you visit the clerk's office.
7. File the Civil Complaint and Summons forms with the county clerk's office. You should fill these forms out before heading to the office, but a deputy clerk will help you complete the forms if necessary.

Tips & Warnings

• While lawyers are not usually necessary in Arizona small claims courts, they may be allowed to participate as long as both parties agree. The Stipulation for Use of Attorneys form must be approved by the court to allow lawyers on the case.
• In Arizona, the defendant has the right to object to the case being tried in small claims court and ask to have the case transferred to the justice court. The objection must be made in writing at least 10 days before the hearing date.