Sample Claim Statement With Case Laws In Phoenix
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Small Claims. Resolving civil disputes if damages are less than $3,500. A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and a summons are delivered to (served on) the defendant.
How long do I have to serve the Defendant? Generally, your Summons and Complaint must be served within 90 days after you file the Complaint. (ARCP 4(i)) If you fail to serve the Defendants within 90 days, your Complaint will be dismissed.
Any individual, partnership, association or corporation may file a small claims suit for a situation in which the dispute is for $3,500 or less. Attorneys are not allowed in small claims court unless both parties agree. The Arizona Supreme Court publishes and routinely updates its Rules of Small Claims Procedure.
Appellate Jurisdiction Courts The two divisions of the Court of Appeals hear most of the appeals that come from the superior court , except for death penalty appeals and some cases involving elected officials and disputes between counties, which go directly to the Supreme Court.
Under Arizona law, you are also required to file a claim with the state agency before you can file a lawsuit. The state only gives you 180 days to file your claim. You must also make sure that your claim is served upon a person in the agency who is actually authorized to accept the notice of the claim.
