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Arizona Small Claims Court

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Statutes: Arizona Revised Statutes, Sections 22.201-84, 22.501- 24.

Dollar Limit: $2500 (Small Claims Division); $5,000 (Regular Justice Court)

Where To Sue: Where defendant resides. Intentional torts Where act occurred. To recover personal property Where property is. Contracts Where performance expected. Nonresident defendants Where plaintiff resides. Transient defendants Where found.

Service: Certified or registered mail with return receipts requested, sheriff, deputy, court-approved adult or private process server.

Hearing Date: Set by court; within 60 days of the filing of the answer.

Attorneys: Not allowed unless both sides agree in writing.

Transfer: Counterclaims over $2,500 or objections at least ten days before hearing (for right of appeal and jury), transfers to Justice Court. For counterclaims over $5,000 transfer is allowed to Superior Court.

Appeals: Not allowed in Small Claims Division. Allowed in Justice Court.

Special Provisions: Equitable relief available. Defendant must answer within 20 days or lose by default. No discovery. No jury trial. No libel or slander, forcible entry or unlawful detainer, specific performance, prejudgment remedies, injunctions, cases against the state or cases involving ownership of real estate. Right to sue may not be transferred.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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September 5 2008

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