Small Claims Court in Apache County

In Apache County, AZ small claims cases are typically filed in the Justice Court. Apache County has three Justice Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Apache Court System.

Small Claims Court

If you find yourself involved in a civil dispute and want a straightforward way to resolve it, Arizona’s Justice of the Peace Courts (often called justice courts) provide a practical option through small claims lawsuits.

These courts have exclusive jurisdiction over small claims cases, meaning they’re the only courts that can handle them. In legal terms, jurisdiction refers to a court's authority to make decisions and judgments on a case.

What’s the Limit for Small Claims?

You can file a small claims lawsuit in Arizona if you're seeking $3,500 or less, not including interest and court costs.

If your claim is for more than $3,500 but less than $10,000, you’ll need to file a civil lawsuit, still within the justice court system.

For claims over $10,000, your case will need to be filed in superior court.

Why Choose a Small Claims Court?

The small claims division is designed to be:

• Quick
• Affordable
• Less formal

This makes it a great choice if you’re looking to resolve money disputes without the hassle of a full court trial.

Key features include:

• No attorneys: Lawyers aren’t allowed in small claims cases, unless both parties agree to it in writing.
• No jury trials: Your case will be heard by a hearing officer or a Justice of the Peace.
• No appeals: Once a decision is made, it’s final—there’s no right to appeal.

This system is designed to be simple, helping people represent themselves and resolve issues more efficiently.

Starting a Small Claims Lawsuit

(a) Filing the Complaint:

• A small claims case begins when the plaintiff (the person filing the case) submits a complaint in the justice court. The complaint should be filed in the precinct where the defendant (the person being sued) lives, unless another location is allowed under A.R.S. § 22-202. If the court has proper jurisdiction and the defendant doesn’t object, the case can be heard in a different precinct.

(b) What the Complaint Must Include:

1. Statement of the Claim(s):
   • The complaint must be clear and easy to read, briefly explaining why the plaintiff believes the defendant owes money or is otherwise responsible.
2. Claim Amount:
   • The total amount being claimed cannot exceed the $10,000 limit set for small claims cases. A plaintiff is not allowed to break a larger claim into smaller parts to stay within this limit.
3. Filing Fee:
   • There’s a fee to file a complaint. However, the plaintiff can ask the court to delay or waive the fee by following the rules in A.R.S. § 12-302 and the Arizona Code of Judicial Administration § 5-206.

(c) No Amendments Allowed:

• Once the complaint is filed, it can’t be changed or amended. If the plaintiff needs to make changes, they must dismiss the case and file a new one. (d) Settling Before Court:
• If the case is settled before the hearing, the plaintiff must inform the court by filing a Notice of Settlement.

Filing Cost

• Initial Civil Case Filing
  • Civil Complaint Filing Fee: $106.00 total (Includes base and local fees)
• Subsequent Civil Filing
  • Civil Answer or Other Response Filing Fee: $67.00 total
• Initial Filing (Small Claims / Evictions)
  • Small Claims Filing Fee: $41.00 total
  • Forcible Entry and Detainer (Eviction) Filing Fee: $61.00 total
• Subsequent Filing (Small Claims / Evictions)
  • Small Claims Answer Filing Fee: $28.00 total
  • Eviction Answer (Defendant): $28.00 total
• Miscellaneous Clerk Fees
  • All services listed below are $33.00 each unless otherwise noted
  • Transfer of Documents or Transcripts on Appeal
  • Certification of Any Documents
  • Issuance of Writs
  • Filing any document or performing any action not otherwise listed (e.g., Renewal of Judgment)
  • Civil Subpoena
  • Research to Locate a Document
  • Seal a Court File
  • Reopen a Sealed Court File
  • Record Duplication
• Document Copy Fee
  • Copies of Any Document: $0.50 per page

Statutes of Limitation

Time limits for filing lawsuits based on the type of legal claim.

Important: If you miss the deadline to file your lawsuit, the court may dismiss it, even if your claim is valid. Always check the time limit for your case.

1 Year

• Lawsuits must be filed within 1 year for:
  • Malicious prosecution
  • False imprisonment
  • Libel or slander (defamation)
  • Breach of employment contract
  • Wrongful termination
  • Liability created by statute (when a law creates a legal duty)

2 Years

• You have 2 years to file for:
  • Personal injury
  • Injury resulting in death (wrongful death)
  • Damage to personal property
  • Conversion of property (wrongfully taking someone else’s property)
  • Product liability (injury from a defective product)
  • Forcible entry or detainer (unlawful entry or eviction)

3 Years

• The deadline is 3 years for:
  • Debts from an oral agreement
  • Stated or open accounts (e.g., unpaid invoices)
  • Fraud or mistake (seeking relief from deception or error)

4 Years

• File within 4 years for:
  • Bond to transfer real estate
  • Partnership account disputes
  • Accounts between merchants
  • Judgments or contracts made outside Arizona
  • Bonds of personal representatives or guardians
  • Contracts to transfer real estate (specific performance)
  • Any case without a specific time limit (other than cases about recovering real property)

6 Years

• You have 6 years to file for:
  • Debts from written contracts

Special Situations

• In some cases, time limits may be extended or paused, such as:
  • If the injured party is a minor
  • If the defendant is out of state
  • In cases involving fraud or concealed harm

It’s always recommended to consult an attorney to determine if any exceptions apply to your case.

Serving the Defendant

(a) Deadline to Serve:

• After filing a small claims complaint, the plaintiff has 45 days to serve each defendant and file proof of service with the court. If this deadline isn’t met, the case must be either moved out of small claims or the court will dismiss the complaint against any unserved defendant—but without prejudice, meaning it could be refiled later.

(b) How to Serve the Defendant:

• The plaintiff must deliver several documents to each defendant: the complaint, a summons, and the court’s Notice to the Plaintiff and Defendant. This can be done in one of two ways:

1. By Registered or Certified Mail:
   • You can serve the defendant by registered or certified mail with a “return receipt requested.”
   • You must file the return receipt with the court within 45 days of filing the complaint. This can be:
     • The green postcard returned by the postal service, or
     • A digital receipt printed from the postal service’s website.
2. By a Constable, Sheriff, or Process Server:
   • You can hire a constable, sheriff, or licensed process server to personally deliver the documents.
   • An affidavit of service must then be filed with the court within the same 45-day window. (c) What Happens Next:
   • Once the court receives proof that the defendant has been served, it will send a notice to the plaintiff and to any defendant who has responded to the case. This notice will explain that the court may dismiss the case 65 days after service was completed—unless:
     • A hearing has already been scheduled, or
     • The plaintiff has filed for a default judgment (as outlined in Rule 140 of the Justice Court Rules of Civil Procedure).

Providing Documents to the Other Party

(a) Sharing Court Documents with the Other Side:

• Whenever you file a document with the court, you must also give a complete and identical copy to every other party involved in the case. This must happen before or right after the document is filed with the court. You can do this in one of three ways:
  1. Hand-deliver it directly to the other party.
  2. Mail it using first-class U.S. mail, or send it through a professional delivery service that provides written proof of delivery.
  3. Send it electronically, such as by email or another agreed-upon electronic method.

(b) Letting the Court Know How You Delivered It:

• The last page of any document you file must include a short statement that explains when and how you gave the document to the other party.
  • If you used first-class mail, make sure to include the exact date you placed the document in the mail with proper postage.

Responding to the Lawsuit Defendant

If you’re the defendant in a small claims case, you must file a written answer with the court within 20 days after you’ve been served with the complaint. You must also send a copy of your answer to the plaintiff by mail.

There is a filing fee to submit your answer to the court. However, if you can't afford the fee, you may request a deferral or waiver under A.R.S. § 12-302 and the Arizona Code of Judicial Administration § 5-206.

If you don’t file an answer or respond within 20 days, the plaintiff has the right to start default proceedings—which means the court could rule in the plaintiff’s favor without your side of the story. This process is explained in Rule 140 of the Justice Court Rules of Civil Procedure.

Setting the Hearing

Once the defendant files an answer, the court will schedule a hearing within 60 days.

All parties—both the plaintiff and the defendant—must appear at the hearing. This is your chance to explain your side to the judge and present any evidence or witnesses.

Defendant’s Counterclaim

(a) What Is a Counterclaim?

• A counterclaim is when the defendant believes the plaintiff actually owes them money or has caused harm. It can be based on the same issue the plaintiff raised or on a completely separate issue.

(b) How and When to File a Counterclaim:

• If a defendant wants to file a counterclaim, it must be done within 20 days after being served with the complaint and related documents. The amount of the counterclaim must be $3,500 or less to stay in small claims court.
• If the counterclaim is more than $3,500, the court will move the case to the civil division of the justice court.
• If the counterclaim is over $10,000, the case must be transferred to superior court.

(c) No Amendments Allowed:

• Once a counterclaim is filed, it cannot be changed or amended. If the defendant wants to make changes, they may need to dismiss and refile.

Defendant’s Motion to Change Venue

If the plaintiff files the lawsuit in the wrong justice court precinct, the defendant has the right to ask the court to move the case to the correct location. This is done by filing a motion to change venue. - The plaintiff has 10 days to respond to the motion. - If the court agrees, the case will be transferred to the proper precinct. - Until the court issues a decision on the motion, both parties must attend all scheduled hearings as planned.

Transferring the Case to the Civil Division

(a) How to Request a Transfer:

• Either party can ask the court to move the case from small claims to the civil division of the justice court. This request must be filed at least 10 business days before the scheduled hearing.

(b) What Happens After a Transfer Request:

• If the defendant requests the transfer but hasn’t filed an answer or counterclaim, the plaintiff has 15 days to decide whether to continue the case in the civil division. During this time, the plaintiff can choose to voluntarily dismiss the case if they don’t want to proceed under the new court rules.

Hearings

(a) Requesting a Judge Instead of a Hearing Officer:

• Small claims cases are usually heard by a hearing officer, but any party can request that a justice of the peace hear the case instead. This request must be:
  • In writing
  • Filed at least 15 days before the hearing

(b) Rescheduling the Hearing:

• If you need to reschedule your court date, you must:
  • File a written request to reschedule at least 15 days before the hearing
  • Give a copy of the request to the other party
  • Explain why you need to reschedule and provide supporting documents, if possible

The court may deny the request if:

• You don’t have a valid reason
• You’ve made multiple prior requests
• You don’t provide proper documentation

Emergency rescheduling requests (less than 15 days before the hearing) will only be considered if you also explain why you couldn’t file earlier.

If Someone Fails to Show Up for the Hearing

(1) Neither Party Shows Up:

• If both the plaintiff and defendant miss the hearing, the court will dismiss the case (including any counterclaims) without prejudice—which means the claims can be refiled later, as long as all legal requirements are met.

(2) Only the Defendant Fails to Appear:

• If the plaintiff is present and has properly served the defendant, but the defendant doesn’t show up, the court will review the plaintiff’s evidence. If the evidence supports the claim, the court may issue a judgment in favor of the plaintiff.

• However, if the defendant is on active military duty, has not appeared in the case, and fails to attend the hearing, the court cannot enter a judgment at that time. Instead, the case will be transferred to the justice court civil division for further handling.

(3) Only the Plaintiff Fails to Appear:

• If the defendant appears but the plaintiff does not, the court may:
  • Dismiss the case (with or without prejudice), or
  • Enter a judgment in favor of the defendant

Requesting to Appear by Phone

• If you cannot attend in person, you may ask the court for permission to appear by phone.
  • This request must be made in writing at least 15 days before the hearing.
  • You must include your phone number and attach any documents, photos, or other evidence you want to present.
  • If the court approves the request, it will provide a phone number to call for the hearing.

What Happens at the Hearing

• At the hearing, the justice of the peace or hearing officer will consider:
  • Testimony from both parties and any witnesses
  • Documents or other physical evidence

The officer may ask questions and allow the parties to ask questions as well. The process is informal—strict rules of evidence don’t apply. The court will allow any relevant and reliable information unless it: - Is unfairly prejudicial - Could confuse the issues - Wastes time

Postpone the Hearing (Continuance)

• If you believe you need more time to prepare, or if your scheduled hearing date prevents you from exercising other rights (like filing a counterclaim or requesting a transfer to the civil division), you can ask the court for a continuance.
  • The court will grant your request if it finds your ability to prepare or assert your rights would be harmed by holding the hearing as scheduled.

Alternative Dispute Resolution (ADR)

At any point before the hearing, the court may refer the case to Alternative Dispute Resolution (ADR). This includes options like Online Dispute Resolution, where both parties may be able to settle the dispute without going to court. This process is typically faster, more flexible, and can save time and money.

Interpreter or Special Accommodations

If you need an interpreter or any kind of special accommodation to participate in your court hearing (such as assistance for a disability), you should submit your request at least 15 days before your court date. This gives the court enough time to make the necessary arrangements.

Judgment

(a) What Is a Judgment?

• A judgment is the court’s final written decision in the case. It officially resolves the claims and is binding on all parties. The judgment must be signed by a justice of the peace or hearing officer and filed with the court.

(b) When and How Judgment Is Issued:

• The court may issue (or “render”) the judgment at the end of the hearing, or within 10 days afterward.
• The court will mail a copy of the judgment to all parties within 5 days after it's issued.
• Payment is due as soon as the judgment is rendered, unless the court says otherwise.

(c) Fixing Mistakes in a Judgment:

• If the judgment contains a minor error—like a misspelled name, incorrect fact, or math mistake—the court can correct it. Either party can request the correction, or the court can do it on its own.

##Courthouse Locations:

1. Northstar Justice Court

Apache County Rd 7080
Sanders, AZ 86512
(928) 688-2729
https://www.apachecountyaz.gov/Puerco-Sanders-Justice-Court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

2. Round Valley Justice Court

130 South Mountain Ave
Springerville, AZ 85938
(928) 333-4613
https://www.apachecountyaz.gov/Round-Valley-Justice-Court

BUILDING HOURS

• Monday - Friday 7:00 a.m. to 5:00 p.m., except court holidays.

3. St. Johns Justice Court

70 W 3rd South
St. Johns, AZ 85936
(928) 337-7558
https://www.apachecountyaz.gov/St-Johns-Justice-Court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

CITIES SERVED

• Eagar
• Pinetop-Lakeside
• Chinle
• Fort Defiance
• St. Johns city
• Linden
• Window Rock
• Springerville
• Lukachukai
• Tsaile
• First Mesa
• Wagon Wheel
• McNary
• Chilchinbito
• Teec Nos Pos
• Hondah
• Sawmill
• Oljato-Monument Valley
• Houck
• Sanders
• Ganado
• Low Mountain
• St. Michaels
• Del Muerto
• Round Rock
• Many Farms
• Dennehotso
• Nutrioso
• Red Mesa
• Burnside
• St. Johns
• Nazlini
• Rock Point
• Steamboat
• Rough Rock
• Vernon
• Cornfields
• Crystal
• Halchita
• Greasewood
• Shumway
• Jeddito
• Sehili
• Klagetoh
• Alpine
• Tse Bonito
• Oak Springs
• Lupton

Let Squabble Help You With Your Small Claim at Apache County

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