Arizona Small Claims Lawyers

The Summons And Complaint Must Be Served On Each Named Defendant This Is Called Service Of Process

How is the defendant served with the complaint?

The summons and complaint must be served on each named defendant. This is called "service of process."

The summons and complaint may be served by registered or certified mail, return receipt requested. Service is deemed complete when the defendant signs for it. The return receipt must then be filed with the court. If the postal service does not enter a date of delivery or the date is not legible, service is deemed complete on the date the return receipt is filed with the court. The plaintiff may file the return receipt (the green card) with the court in person or by first class mail. Remember, each named defendant must be served a copy of the complaint/summons. You should use restricted delivery to ensure the named party signs the return receipt. If the claim is against a corporation, the statutory agent or an officer of the corporation must be served on behalf of the corporation named in the complaint. You may obtain the name and address of a statutory agent or corporate officer by calling the Arizona Corporation Commission at (602) 542-3026.

You also can serve the defendant through a private process server. You can use this method if the defendant cannot be served by registered or certified mail. Any registered private process server will serve the summons and complaint for a fee.

Process service companies are found in the Yellow Pages. The courts cannot recommend a particular process server. Some courts may have drop boxes for process servers in which documents can be placed 
 
Venue 

If the complaint has been filed in the wrong precinct, the defendant can file a Motion for Change of Venue. The form may be obtained from the court. The plaintiff may file an objection to the requested change. If the court orders a change of venue, the case shall be transferred to the proper precinct and the plaintiff shall pay all fees. The motion alleging improper venue must be made before filing the ANSWER. If the defendant fails to file a timely request for a change of venue, that right is waived. 
 
How is a small claims complaint answered? 

After receiving the summons and complaint, the defendant has 20 days to file an Answer with the court. If the defendant fails to file an answer within 20 days, the plaintiff may initiate default proceedings. 
 
How is a counterclaim filed? 

A Counterclaim is a statement by the defendant, not necessarily opposing the plaintiff's claim, but alleging other facts to establish a claim by the defendant against the plaintiff. The defendant's counterclaim may also demand money from the plaintiff. If this demand does not exceed $2,500,the case remains in the small claims division.

If it exceeds this amount, the case is transferred out of the small claims division. All counterclaims are filed at the time of filing the answer. If not, the defendant must seek permission of the court by filing a motion to file a counterclaim.
Click here for online forms instructions and online forms. 
 
What happens if an answer is not filed? 

If the defendant does not file an answer to a complaint, or if the plaintiff does not file an answer to a counterclaim, within twenty days after service is complete, an Application for Entry of Default may be filed with the court. If the party claimed to be in default fails to file a responsive pleading within 10 business days of the notice of entry of default, the default will take effect and judgment by default may be entered. The court will accept an answer or other responsive pleading at any time prior to judgment. 
 
How do I prepare for trial? 

The trial will be scheduled within 60 days from the date the defendant files an Answer with the court. The clerk will notify both parties of the time and place of the trial. If either party wishes to postpone the trial to a later date, a Request for Continuance form must be filed with the court by that party. This form may be obtained from the court clerk.

Only the most serious reasons will be considered by the court in ruling on this request.

Prior to trial, both the plaintiff and defendant should write down the facts and details of the case in the order in which events occurred. Both parties should bring all witnesses and necessary papers (for example, bills, receipts, price estimates, pictures of damage, etc.) with them when they appear for the trial. If the plaintiff and defendant settle the case prior to the trial, the parties must notify the court, in writing, to dismiss the action. Both parties must stipulate (agree) to the dismissal once an answer has been filed. 
 
What happens at trial? 

On the day of the trial, both parties must appear on time before the judge or hearing officer and testify. The court will also hear the defendant's counterclaim, if one has been filed. After both parties have presented their witnesses, testimony and evidence, the judge or hearing officer will make a decision, called a judgment, and record that decision in the court's records. In most cases the judgment is announced at trial; however, the judge has 10 working days to consider the facts in the case, research the law, make a decision and notify the parties of the judgment by mail. 
 
What happens if I do not appear at the trial?

If the defendant fails to appear at the trial, the judge or hearing officer may hear testimony from the plaintiff and his or her witnesses, examine other evidence presented by the plaintiff and enter a judgment against the defendant. If the plaintiff fails to appear at trial, the court may, and probably will, dismiss the case. If both parties fail to appear, the matter will be dismissed. 
 
Can the court's decision be appealed or changed? 

Neither party can appeal the decision of the judge or hearing officer in a small claims case. If either party believes the judgment was entered in error, or if there were good reasons for one of the parties not appearing in court, that party may file a Motion to Vacate Judgment asking the court to set aside, or vacate, the judgment. The court will review the motion and notify both parties of its decision.

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