Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants.  Their purpose is to prevent the formal court system from being clogged 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 to allow non-lawyers to litigate their matters without the help of a costly attorney.  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 Maricopa County

Any individual or company can file in Maricopa County Small Claims Court for damages of up to $2,500.  Lawyers are generally not allowed, but a request may be filed anytime prior to the hearing.  Any objections made regarding 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 to the length of time that may pass between when an event that gave rise to the action occurred and the filing of the claim; these limits are called “statutes of limitation.”  If more time has passed than is specified in the statute of limitation for an action, then the claim cannot be filed.  Some common small claims statutes of limitations under Arizona law are:  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 case.  If you choose not to use this fee-based service, then you will have to go to the courthouse to fill out the necessary forms.  It costs $38 in fees to file a small claims case.

After filing, the defendant must be notified by service of process about the summons and complaint.  The defendant may be served through registered or certified mail, return receipt requested. Service is complete when the defendant signs for it, so restricted delivery should be used to ensure that the named party signs the receipt.  If the named defendant is a corporation, then the statutory agent or an officer of the corporation must be served on its behalf.  You may get 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 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 the notice of default, then the judgment by default may be entered in favor of the plaintiff.

For more information concerning the Maricopa County small claims process, visit the Maricopa County Justice Court’s website.