Arizona Small Claims Lawyers

What Is A Small Claims Division

Justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500.

All cases are heard by either a judge or hearing officer, who then makes a decision. The decision is final and binding on both parties. There is no right to a jury trial or an appeal in  small claims cases.

Formal Rules of procedure do not apply. Procedures in small claims cases are intended to be simple enough for a person to file all the necessary forms and represent him/herself at an informal hearing. There are two specific motions allowed by law in a small claims action. These are Motion for Change of Venue (Location) and Motion to Vacate a Judgment. 
 
Who can use the small claims procedure? 

The small claims court can be used by any individual, partnership, association or corporation for civil claims that do not exceed $2,500. Small claims cases are simplified, therefore, lawyers are not allowed. However, they may be allowed to participate if all parties agree. A form, Stipulation For Use of Attorneys, may be filed for this purpose anytime prior to the hearing. Attorneys can appear in the small claims division if they are representing themselves. Either party may object to the proceedings being held in the small claims division. The request must be made in writing at least 10 working days prior to the time set for the hearing. The case then will be transferred out of the small claims division. Once a case is transferred, the rules of civil procedure apply to the case, permitting claims in excess of $2,500, attorney representation, jury trial and appeal. 
 
Things to Consider Before Filing. 

This is your case. You are solely responsible for prosecuting or defending the claim or recovering any monetary awards. The clerks at each of the courts are not attorneys and are not authorized to give legal advice. It is not the court clerks’ responsibility to advise you if you have a legal claim. The clerk is not responsible for any error you may make in asserting or defending the claim. The court does not take sides or render an opinion regarding the merits of a claim. There are certain steps you must follow to pursue your case properly. We have provided the following information to assist you with general procedures in processing your case through the court. The flowcharts, which you can link to from the top of this section, might be helpful in providing a basic overview of the small claims process.
 
When may a small claims complaint be filed? 

People should try to settle their disputes and disagreements out of court whenever possible. If an agreement cannot be reached, a small claims complaint may be filed. The types of claims that can be filed in the small claims division include:
money debts,personal injury,property damage,contracts.  The types of claims that cannot be filed in the small claims division are those for:  libel or slander,prejudgement remedies,imjunctive relief,specific performance,class actions
traffic violations,criminal matters,claims greater than $2500,forcible entry or detainer,actions against this state; it's political subdivisions; OR officer or employee in an official capacity (i.e. State, County City, Salt River Project, etc.)
The clerks at the Justice Courts are available to answer most questions relating to jurisdiction, venue, pleadings or procedures that this web site cannot answer for you. Please keep in mind that the clerk cannot engage in the practice of law and cannot give you legal advice. 

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