Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants. Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum. Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

The rules of civil procedure and evidence are typically simplified in small claims proceedings so as to allow non-lawyers to litigate their matters without having to pay for legal aid.  Formal and costly procedures such as depositions are not allowed in small claims, and generally speaking, neither is a trial by jury.

Filing Small Claims in Pima County

Any individual or company can file in Pima County Small Claims Court for damages up to $2,500.  Lawyers are generally not allowed, but a request may be filed any time prior to the hearing.  Any objections made with regard to the proceedings being held in the small claims division must be made in writing at least ten working days prior to the hearing. 

There are limits as to the length of time that may pass between the occurrence of the event which gave rise to the action and the filing of the claim; these limits are referred to as “statutes of limitation.” If more time has passed than what is allotted in the statute of limitation for an action, then the claim cannot be filed.  Some common small claims statutes of limitations under Arizona law include the following: personal injury - damage to or conversion of property (two years); debt from an oral contract - fraud (three years); and debt from a written contract (six years).

The court strongly encourages plaintiffs to use AZTurboCourt to complete the forms for their filing.  AZTurboCourt uses interactive interviews to help you accurately create the necessary court documents to file your claim.  If you choose not to use their fee-based service, then you will have to go to the courthouse to fill out the necessary forms, which entails a payment of fees amounting to $38. 

After filing, the defendant must be notified through a Service of Process about the summons and complaint.  He or she may be served either through registered or certified mail with a return receipt requested. Service is considered complete when the defendant signs for it, so restricted delivery should be used to ensure that the named party does in fact sign the receipt.  If the named defendant is a corporation, then either the statutory agent or an officer of the corporation must be served on its behalf.  You may obtain the name and address of the statutory agent through the Arizona Corporation Commission.  You may also serve process through a private process server if the defendant cannot be served via registered or certified mail.

If the defendant either does not file a response with the court or fails to appear at the specified hearing, then the plaintiff may file an application for entry of default.  If the defendant fails to file a responsive pleading within 10 business days of receiving the notice of default, the judgment by default may be entered in favor of the plaintiff.

For additional information and legal assistance pertaining to the Pima County small claims process, visit the Pima County Justice Court’s website.