Frequently Asked Questions About Arizona Small Claims Court
Small claims court in Arizona might be the place to go, if it is the right fit for your case. But you likely have a lot of questions before you get started. Is this the right court? How do you file? This frequently asked questions page helps answer some of these questions, but the guidance of a legal paraprofessional can better assert your legal rights and seek the compensation you deserve.
At JNH Legal Services, PLLC, our legal paraprofessional can help you in Arizona small claims court. He has represented clients in small claims courts throughout the state, and is ready to put that work to use for you.
What Is Arizona Small Claims Court?
Arizona’s small claims division is designed for simple civil disputes involving $5,000 or less in damages. This court is meant to be more informal, allowing people to represent themselves or with the help of a legal paraprofessional, rather than an attorney.
What Types of Cases Can Be Filed in Small Claims Court?
Small claims court handles civil disputes such as:
- Contract disagreements
- Property damage
- Landlord-tenant disputes (non-eviction)
- Consumer complaints
- Unpaid debts
Claims cannot involve defamation, libel, slander, class actions, or requests for injunctions.
Do I Need an Attorney?
No. Attorneys are not allowed in Arizona small claims court unless both parties agree in writing. This rule helps keep the process simple and affordable.
What Is the Maximum Amount I Can Sue For?
You may file a small claims case for disputes involving $5,000 or less, excluding interest and court costs. This is the total for all claims in the case. You cannot separate your claims into multiple smaller ones to stay in small claims court.
Where Do I File My Case?
Small claims cases must be filed in the correct justice court precinct, based on where:
- The defendant lives,
- The defendant does business, or
- The dispute occurred.
This requirement is known as venue.
How Much Does It Cost to File?
Filing fees vary by county, but Arizona justice courts charge a standard fee for:
- Filing a complaint
- Filing an answer
- Requesting certified copies
If you cannot afford the fee, you may apply for a fee waiver or deferral.
What Do I Need to Include in My Complaint?
Your complaint must clearly state:
- Who you are suing
- The amount you are seeking
- The reason for the claim
- Supporting facts and documentation
Is There a Jury in Arizona Small Claims Court?
No. Small claims cases do not use juries. A judge or hearing officer decides the case.
Can I Appeal the Decision?
No. Small claims judgments cannot be appealed in Arizona. This finality is one reason the process is faster and less formal.
What If I Was Served With a Small Claims Lawsuit?
If you are served:
- Read the paperwork carefully
- File a written answer by the appropriate deadline
- Talk to a legal paraprofessional about your case
Failing to respond may result in a default judgment against you.
Do I Have a Strong Case?
Arizona courts cannot tell you whether you will win. However, you should consider:
- Whether you have clear evidence
- Whether the defendant can be located and served
- Whether the amount you seek is provable
When to Consult an Arizona Legal Paraprofessional
A legal paraprofessional (LP) can help you analyze your case and determine the best path forward. Jason Halper, the founder of JNH Legal Services, PLLC, is a dedicated LP with years of experience helping clients find cost-effective and efficient solutions. He is an accomplished paraprofessional and author, writing “Licensed to Lead: A Comprehensive Guide to Emerging as a Legal Paraprofessional.”
A legal paraprofessional can help you in Arizona small claims court.
Get Answers About Arizona Small Claims Court with a Legal Paraprofessional
A legal paraprofessional can answer your questions about small claims court and help you through the process. Whether through settlement or litigation, you deserve to have your story heard.
Consult an experienced legal paraprofessional at JNH Legal Services, PLLC to learn more about how we can help. Contact us today to schedule a consultation.
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