Arizona Small Claims
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Table of Contents
Arizona has small claims court to allow parties to settle relatively small monetary disputes in a voluntary, simplified process. Small claims cases occur across the country, but Arizona has a particular structure governing the manner of how these cases are conducted in the state. A solid understanding of the state structure will better allow businesses and individuals to resolve disputes and assert their rights.
What Is a Small Claims Court in Arizona?
In Arizona, small claims procedures are governed by Title 22, Chapter 5 of the Arizona Revised Statutes. This statute also creates small claims divisions within the Justice Court to provide an inexpensive and speedy resolution of small claims. Within these divisions, a justice of the peace or hearing officer typically addresses matters such as property damage claims, unpaid invoices, and contract disputes. Unless both parties agree in writing, attorneys are not allowed to participate in small claims cases.
Small Claims Court Limits in Arizona
Small claims divisions can only decide lawsuits in which the amount in dispute, whether from a debt, tort, or damage, does not exceed $5,000. Under the Arizona Rules of Small Claims Procedure, parties do not have the right to a jury trial and cannot be represented by attorneys unless both sides provide written consent. If either party wants to keep the right to appeal or request a jury trial, they must transfer the case to the Justice Court civil division at least 10 days before the hearing. Certain civil matters, like evictions or requests for injunctions, are not eligible to be handled through the small claims process.
How to File a Small Claims Case in Arizona
To file a small claims case in Arizona, it is important to follow the steps outlined below:
Confirm eligibility and venue
You can only file a small claims lawsuit if the amount in dispute does not exceed $5,000, excluding costs and interest. Your case must be filed in the Justice Court precinct where the defendant lives. The exceptions to this rule are provided in Section 22-202 of the Arizona Revised Statutes.
Prepare and file the complaint
As the plaintiff, you can acquire the Small Claims Complaint form and the Summons through the Arizona Judicial Branch website and must verify that the Justice Court precinct accepts these forms. The complaint must be legible and must briefly state your reason for the claim against the defendant.
Pay filing fees (apply for fee waivers if needed)
The base filing fee for small claims lawsuits varies by county and can change over time. Therefore, it is necessary to confirm the exact amount with the Justice Court before filing. If you cannot afford to pay the filing fees, you may request a fee waiver or deferral from the court.
Serve the defendant properly
The court can dismiss your case if you fail to serve the defendant with the Complaint, Notice to the Defendant and Plaintiff, and the Summons, and do not show proof of service within 45 days. Furthermore, you may serve the documents using registered or certified mail, or by having a constable, sheriff, or private process server deliver them. If you choose to serve by certified mail, you must ensure that you receive a return receipt and file it as proof of service in the court.
Computing Time
Under Rule 3 of the Arizona Rules of Small Claims Procedure, when a time period is specified for completing an action, the day of the event is not counted. For example, if you are given 45 days to perform a task, the day the event occurs does not count, but weekends and holidays do. Nonetheless, if the final day of the period falls on a weekend or legal holiday, the deadline is extended to the next business day.
Transfer option
A written objection, from either the plaintiff or defendant, filed at least 10 days before the hearing, can move the case to the regular civil docket.
Small Claims Court in Major Arizona Cities
- Phoenix (Maricopa County Justice Courts): Phoenix has at least nine justice court precincts with the Justice Court Administrative office located at 222 N. Central Ave., #210, Phoenix, AZ 85004. The filing fee for a small claims complaint and summons is $58, while the fee to file an answer to the complaint is $46.
- Tucson (Pima County Consolidated Justice Court): Tucson residents can file small claims lawsuits through the e-Filing system provided by the court. It costs $60 to file a small claims case in Pima County, and payment can be made using a personal/business check, Visa, or Mastercard.
- Flagstaff (Coconino County Justice Court): The Flagstaff Justice Court is situated at 200 N. San Francisco Street, Flagstaff, AZ 86001. A detailed explanation of the small claims procedures is available on the court’s page.
Although some Justice Court websites may still list the small claims limit as $3,500, the amount was increased to $5,000 under Arizona Senate Bill 1022 (2025).
What to Expect at a Small Claims Hearing in Arizona
A small claims hearing is often scheduled within 60 days after the defendant files an answer. The case is heard by a justice of the peace or small claims officer, and each side is given the chance to prove their claims. Moreover, the hearing officer may examine the evidence and question the parties directly. The final judgment is usually issued when the trial ends or shortly afterward.
In Arizona, a small claims case cannot be appealed to a higher court. Nevertheless, to preserve the right, a party must transfer the case to the civil division at the right time before the hearing.
Post-judgment collection: A creditor may pursue a wage garnishment if the debtor does not pay the amount owed voluntarily.
How to Search for Small Claims Records in Arizona
When searching small claims records in Arizona, record seekers can find details like party names, filing date, court disposition, docket entries, case type, and case number:
1) Arizona Judicial Branch; Public Access Case Lookup
Interested parties can find small claims records through the statewide case search system with a case number or party name.
2) Maricopa County Justice Courts; Case Search
This search tool can be used to view information for cases heard in the Maricopa Justice Courts. Users can search for small claims records by using criteria such as case number, party name, or business name.
In Arizona, most small claims records are accessible to the public online or in person at the clerk’s office. However, documents containing sensitive information such as Social Security numbers or financial account details may be redacted to protect privacy.