How Do I File a Civil Lawsuit for Malicious Prosecution in AZ?
Malicious prosecution occurs when a person files a lawsuit against a defendant for harassment. You must win the lawsuit filed against you and have evidence that the lawsuit was filed to harass, with no legal foundation, in order to file your own lawsuit for malicious prosecution. In Arizona, the damages limit in small claims court is $2,500. If you are seeking damages greater than $2,500, you may want to consult an attorney because the steps to filing a suit become more complicated.
Other People Are Reading
Instructions
-
-
1
Visit the Small Claims division in Justice Court, if you are filing for damages under $2,500. For damages exceeding $2,500, visit the Superior Court. File paperwork in the county where the defendant resides. Download the paperwork from the Arizona Court's website or ask the Clerk of the Courts for the complaint form.
-
2
Complete the forms and file with the clerk. Pay the filing fee, which will vary depending on the amount of damages you are seeking. Make a copy of the forms for your records.
-
-
3
Serve the defendant with the complaint and summons. In Arizona, you can serve the paperwork by mail or in person. If you choose to mail the complaint and summons, send it by registered or certified mail with a return receipt. You also can hire a process server to deliver the forms in person.
-
4
Attend your hearing. The court will schedule a hearing date within 60 days after the defendant has provided an answer to the suit.
-
5
Bring any evidence of malicious prosecution with you to the trial. Because you initiated the lawsuit, the burden of proof will rest with you. You will need to prove that the original lawsuit was filed for harassment purposes. You also must prove that the defendant did not have probable cause to bring about the original lawsuit.
-
1
Tips & Warnings
The statute of limitations on malicious prosecution in Arizona is one year.
References
- Photo Credit NA/Photos.com/Getty Images
