| Quick Facts | Answer |
| Small Claim Maximum | $3,500 |
| Deadline to File | 1 year – Violation of statutes
3 years – Oral lease agreement 6 years – Written lease agreement |
| Filing Fee | $25 |
| Appeals | Not allowed |
Small Claims Court Basics in Arizona
Small Claims Court is an informal court designed for minor cases limited to a maximum claim amount. The hearing does not involve a jury. Instead, the plaintiff and defendant present their case to a justice of the peace or hearing officer, who makes a decision.
Common suits filed by landlords include:
- Recovery of unpaid rent
- Damages that exceed the amount of the security deposit
- Failure to uphold the responsibilities of the rental agreement
- Early termination of a lease
Common suits filed by tenants include:
- Failure to return the security deposit correctly
- Failure to uphold the responsibilities of the rental agreement
- Overcharging for damages
How Long Does the Small Claims Court Process Take in Arizona?
A typical small claims case in Arizona takes three to four months, from the date of filing, but can be longer if there are problems serving the defendant, the hearing is continued, or other delays occur.
How Much Can You Sue For in Small Claims Court in Arizona?
In Arizona, the maximum amount that can be recovered through Small Claims Court is $3,500.
To attempt to recover a higher amount, the suit must be filed as a civil case in the Justice Court.
How Long Do You Have to File a Small Claims Case in Arizona?
The time limit for filing a small claims case in Arizona depends on the type of case filed:
- One year: Violation of a statute (e.g. security deposit rules)
- Three years: Breach of an oral lease agreement
- Six years: Breach of a written lease agreement
Tenants are required to dispute security deposit deductions within 60 days (whether by written notice, filing a complaint, or otherwise), or else they waive their right to make a claim.
Are Lawyers Needed or Allowed in Small Claims Court in Arizona?
Small Claims Court is designed to be simple and not require an attorney. Arizona Small Claims Court does not permit the use of an attorney unless both parties agree to it in writing.
Where are Small Claims Cases Filed in Arizona?
In Arizona, Small Claims Court is a division of Justice Court. Cases are filed in the Justice Court where the defendant lives or the rental property is located. However, if the defendant lives outside of Arizona, or their address is unknown, the case can be filed where the plaintiff lives.
To determine the correct Justice Court, you can use the court locator.
How to File a Small Claims Case in Arizona
File a Small Claims Casein person by bringing 3 copies of each of the following documents (plus one extra copy for each defendant) to the appropriate court:
The filing fee is due at the time of filing.
How Much Does it Cost to File a Case in Small Claims Court in Arizona?
In Arizona, the filing fee for a small claims case is $25.
What if You Can’t Afford to File a Case?
You can still file a case if you cannot afford the fees by filing an Application for Deferral or Waiver of Court Fees.
Small Claims Court Process in Arizona
After filing a small claims case in Arizona, the appropriate documents are served on the defendantand the defendant files an answer or counterclaim before the case is scheduled for a hearing.
Step 1: Serve the defendant. Within 45 days after filing a small claims case, you must complete service on the defendant and file a proof or affidavit of service form.
The following documents must be served on the defendant:
Service on the defendant can be completed by:
- Certified or registered mail
- Certified restricted mail by the clerk
- Registered private process server
- Constable or sheriff
Once service has been completed, one of the following must be filed in the court:
- Proof of Service – If completed by certified or registered mail
- Affidavit of Service – If completed by other methods
Step 2: Defendant files an Answer or Counterclaim. Within 20 days of accepting service, the defendant must file an Answer or Counterclaim and mail a copy to the plaintiff. Once the defendant’s response has been filed, the clerk of the court will schedule a hearing date within 60 days. If the defendant fails to file a response, the plaintiff must file an Application for Entry of Default.
If a deadline in Small Claims Court falls on a weekend or holiday, the due date is the next business day.
Step 3: Attend the hearing. On the hearing date, you should bring copies of any evidence you have to support your claim. The justice of the peace or hearing officer will give you and the defendant an opportunity to provide your arguments before they decide to dismiss the case or issue a judgment.
If the defendant does not attend the hearing,you may be issued a default judgment.
Winning a Small Claims Judgment in Arizona
If you win the judgment in Arizona, you may be paid the judgment within the allotted time period or you may need to pursue additional actions to recover the debt. Decisions in Arizona Small Claims Court cannot be appealed.
Judgments are due as soon as they are issued. If the debtor is delinquent on their payment or refuses to pay, you can recover the debt through bank or wage garnishment or property lien through a Writ of Garnishment or Writ of Execution.
You have 10 years to collect or renew a judgment before it expires.
Sources
- 1 AZ Rev § Stat 22-518
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There is no right to a jury in the small claims division.
Source Link - 2 AZ Rev § Stat 22-503
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The small claims division has concurrent original jurisdiction…in actions in which…the amount at issue does not exceed three thousand five hundred dollars.
Source Link - 3 AZ Rev Stat § 22-201
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Justices of the peace have exclusive original jurisdiction of all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less.
Source Link - 4 AZ Rev Stat § 12-541
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There shall be commenced and prosecuted within one year…Upon a liability created by statute…
Source Link - 5 AZ Rev Stat § 12-543
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There shall be commenced and prosecuted within three years…not evidenced by a contract in writing.
Source Link - 6 AZ Rev Stat § 12-548
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An action for debt shall be commenced and prosecuted within six years…contract in writing…
Source Link - 7 AZ Rev Stat § 33-1321
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If the tenant does not dispute the deductions or the amount due and payable to the tenant within sixty days after the itemized list and amount due are mailed as prescribed by this subsection, the amount due to the tenant as set forth in the itemized list with any amount due is deemed valid and final and any further claims of the tenant are waived.
Source Link - 8 AZ Rev Stat § 22-512
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An attorney-at-law shall not appear or take any part in the filing or prosecution or defense of any matter designated as a small claim…the parties may stipulate by written agreement to the participation of attorneys in actions designated as small claims…
Source Link - 9 AZ Rev Stat § 22-202
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A person shall not be sued outside of the justice precinct where the person resides, except…Persons who have contracted in writing to perform an obligation in one justice precinct may be sued in that precinct…
Source Link - 10 AZ Rev Stat § 22-202
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If a defendant or all of several defendants reside outside the state or when their residence is unknown, the action may be brought in the justice precinct where the plaintiff resides.
Source Link - 11 17B A.R.S. Rules Small Claims Proc., Rule 5
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Not later than 45 days after the filing date of the complaint, the plaintiff must file proof of service of process on each defendant…
Source Link - 12 AZ Rev Stat § 22-513
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…the plaintiff may serve the summons and complaint by registered or certified mail…clerk…may make service by certified restricted mail…process server or an authorized officer or by any other means pursuant to court rule may be used…
Source Link - 13 17B A.R.S. Rules Small Claims Proc., Rule 7
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A defendant must file a written answer within 20 days of service and mail it to the plaintiff.
Source Link - 14 17B A.R.S. Rules Small Claims Proc., Rule 6
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The court will set a hearing date and hold a hearing within 60 days after the defendant files an answer.
Source Link - 15 17B A.R.S. Rules Small Claims Proc., Rule 7
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If a defendant fails to file an answer or otherwise respond within 20 days of service, the plaintiff must initiate default proceedings…
Source Link - 16 17B A.R.S. Rules Small Claims Proc., Rule 3
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…if the last day to take action falls on a Saturday, Sunday, or holiday, the party has until the next business day to take that action.
Source Link - 17 17B A.R.S. Rules Small Claims Proc., Rule 12
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If the plaintiff appears and has properly served the defendant, but the defendant does not appear, the court will consider the plaintiff’s evidence and, if substantiated by the evidence, the court may award judgment for the plaintiff.
Source Link - 18 AZ Rev Stat § 22-519
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There shall be no appeal in a small claims procedure and the decision of the hearing officer or justice of the peace shall be final and binding on both parties.
Source Link - 19 AZ Rev Stat § 12-1551
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An execution or other process shall not be issued on a judgment after the expiration of ten years from the date of its entry unless the judgment is renewed…
Source Link
