Arizona Small Claims Forms

Arizona Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Arizona Small Claims Forms

  • Who pays lawyer fees in small claims court?

    In small claims court, each party generally pays their own lawyer fees, as the court aims to simplify procedures and reduce costs. This means you will not usually recover legal fees unless specified by a contract or other legal agreements. If you're concerned about costs, using Arizona Small Claims Forms can help you represent yourself effectively without incurring additional attorney fees.

  • What is the small claims limit in AZ?

    The small claims limit in Arizona is currently set at $3,500. This means you cannot file a claim exceeding this amount in small claims court. Understanding this limit helps you determine the best course of action for your situation. If you need help navigating this process, consider using Arizona Small Claims Forms on uslegalforms to ensure you meet all legal requirements.

  • Can I file small claims online in Arizona?

    Yes, you can file small claims online in Arizona, depending on the court. Many courts now offer online services that allow you to submit your claim conveniently from home. This approach can save you time and help you complete the necessary Arizona Small Claims Forms easily. Check with your local court for specific guidelines on online filing.

  • Is it worth taking someone to small claims court?

    Deciding whether to take someone to small claims court often depends on the amount you're seeking and the issue at hand. Small claims court provides a quicker, more affordable option to resolve disputes compared to traditional court. If you are considering pursuing a claim, using Arizona Small Claims Forms can significantly streamline the process and enhance your chances of success.

  • What is considered a small claim in Arizona?

    In Arizona, a small claim is defined as a dispute involving $3,500 or less. This includes cases such as unpaid debts, property damage, or breach of contract. Small claims are meant to be a straightforward way to resolve disputes without the need for a lengthy trial. Using Arizona Small Claims Forms from uslegalforms can simplify your filing process.

  • What is the minimum claim for small claims?

    In Arizona, the minimum claim for small claims is usually set at $1. You may find that this amount allows you to file a suit without facing excessive legal hurdles. However, it's advisable to check the specific court's requirements, as they may vary. For assistance with Arizona Small Claims Forms, consider using reliable online platforms like uslegalforms.

  • What is rule 7 in Arizona Rules of Small Claims Procedure?

    Rule 7 in the Arizona Rules of Small Claims Procedure addresses the limited discovery allowed in small claims cases. This rule permits parties to obtain basic information relevant to their dispute without the extensive discovery processes used in larger court cases. By correctly filling out Arizona Small Claims Forms, you can engage effectively with this rule to strengthen your position.

  • What is the Rule 7 in Arizona?

    Rule 7 in Arizona pertains to the discovery process during litigation, which includes the exchange of information between parties. Understanding this rule is important, as it allows parties to gather evidence that may support their claims or defenses. Utilizing Arizona Small Claims Forms can help streamline your case and ensure compliance with procedural requirements.

  • How to represent yourself in small claims court?

    Representing yourself in small claims court involves being well-prepared and understanding the process. Begin by gathering evidence, organizing your arguments, and completing the necessary Arizona Small Claims Forms. While it may seem intimidating, the straightforward procedures in small claims court can empower you to present your case confidently.

  • What is the maximum you can sue for in small claims court in Arizona?

    In Arizona, you can sue for a maximum of $3,500 in small claims court. This limit allows individuals to seek justice for minor disputes, such as unpaid debts or property damage. Completing Arizona Small Claims Forms correctly is crucial in ensuring your case is heard and handled efficiently.