Small Claims Court in Coconino County

In Coconino County, AZ small claims cases are typically filed in the Justice Court. Coconino County has one Justice Courthouse that handles 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 Coconino 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
  • 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.

Small Claims Isn’t the Right Option

While small claims court is a helpful tool for resolving straightforward financial disputes, there are some situations where it’s not the right venue. You should not file in small claims court if any of the following apply to your case:

  • You want the right to have an attorney, a jury trial, or the ability to appeal the court’s decision.
  • Your case involves more complex legal matters, such as:
    • Claims of defamation, like libel or slander;
    • Issues of forcible entry, forcible detainer, or unlawful detainer (typically landlord-tenant disputes involving possession);
    • Requests for a court to order someone to do something specific (known as specific performance);
    • A class action lawsuit involving multiple plaintiffs;
    • Requests for prejudgment remedies (such as freezing someone's assets before a case is decided);
    • Requests for a court order to stop someone from doing something (called injunctive relief);
    • Cases against the State of Arizona, its agencies, or government employees acting in their official roles.

In any of these situations, you’ll need to file your case in a different division of the justice court or in superior court, depending on the claim.

Small Claims Court Is the Right Choice

You may want to file your case in small claims court if all of the following apply:

  • You’re not planning to use an attorney to represent you.
  • You’re okay with not having a jury trial.
  • You understand and accept that you cannot appeal the court’s decision.

Small claims court is designed to be a faster, simpler, and more affordable way to resolve civil disputes—especially when the amount of money in question is relatively small. It’s a good fit for individuals who are comfortable representing themselves and who are seeking a straightforward resolution.

Required Forms for Filing a Small Claims

If you’ve decided that small claims court is the right fit for your situation, you’ll need to complete and file the following forms to get started:

  1. Small Claims Summons
    • This form notifies the defendant (the person you're suing) that a claim has been filed against them and provides details about the court and hearing.
  2. Small Claims Complaint
    • This is the main form where you explain your case—why you're suing, the amount you're seeking, and the basis of your claim.
  3. Notice to Plaintiff and Defendant
    • This document provides important information to both parties about the small claims process, including rights, responsibilities, and limitations.
  4. Proof of Service by Registered or Certified Mail
    • After you file your claim, you must ensure the defendant is officially notified. This form is used to show that you’ve served the court documents to the defendant via registered or certified mail, as required by law.

Tip: You can often find these forms on your local Justice Court’s website or by visiting the court in person. Be sure to use the correct forms for the county where you're filing your case.

Cases Handled

What Small Claims Court Can Handle

Small claims court is designed for specific types of disputes. Some of the most common cases include:

  • Breach of contract (written or verbal)
  • Return of a down payment you’re owed
  • Property damage or loss
  • Consumer complaints, like issues with faulty products or poor workmanship
  • Unpaid work (collection of payment for services you’ve completed)
  • Claims for bad checks
  • Unpaid rent or security deposit disputes

What Small Claims Court Cannot Handle

Some cases are beyond the scope of small claims court, including:

  • Requests for injunctive relief (asking someone to stop or start doing something)
  • Specific performance cases (forcing someone to fulfill a contract)
  • Defamation claims, like libel or slander
  • Class action lawsuits
  • Cases involving prejudgment remedies (seizing property before a court decision)
  • Eviction actions, such as forcible entry or unlawful detainer
  • Lawsuits against government entities, including the state, cities, counties, or their officials, for damages related to their official duties

If your case falls into one of these restricted categories, you’ll need to file it in a different court that handles such matters.

Statutes of Limitation

1 Year

  • Malicious prosecution
  • False imprisonment
  • Libel or slander
  • Breach of employment contract
  • Wrongful termination
  • Liability created by statute

2 Years

  • Personal injury
  • Injury resulting in death
  • Damage to property
  • Conversion of property (wrongfully taking someone’s property)
  • Product liability (faulty products)
  • Forcible entry or forcible detainer (property disputes)

3 Years

  • Debt from an oral agreement
  • Stated or open accounts (e.g., unpaid invoices)
  • Fraud or mistake (seeking relief)

4 Years

  • Bond to transfer real estate
  • Partnership accounts
  • Accounts between merchants
  • Judgments or agreements 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

  • Debts from written contracts

Important: In some special situations, these time limits can be extended or paused. It’s best to consult an attorney to see if exceptions apply to your case.

Venue

Venue refers to the correct location or precinct where a lawsuit should be filed. In most cases, this is based on where the incident happened or where one of the parties lives or does business.

What Happens If the Case Is Filed in the Wrong Venue?

If a lawsuit is filed in the wrong Justice Court precinct, the defendant can file a Motion for Change of Venue to request that the case be moved to the proper location.

What Happens After the Motion Is Filed?

  • Plaintiff’s Response:
    • The plaintiff has 10 days to respond to the motion after it’s filed.
  • Court’s Decision:
    • If the court grants the motion, the case will be transferred to the correct precinct.
  • Attendance Requirement:
    • Until the court officially approves the change and notifies the parties, everyone must continue to attend any scheduled hearings in the original court.

Important Notes About Filing the Motion

  • The defendant must file the motion before filing an answer or other response to the complaint. If they respond first, they lose the right to request a change of venue.
  • If the court agrees to the transfer, the plaintiff is required to pay all fees related to moving the case.

How to Determine the Correct Venue

To figure out where to properly file your case, refer to Arizona Revised Statutes (A.R.S.) § 22-202. This law outlines the correct venue based on the nature of the case and where the parties are located.

You can also ask the court clerk for help or consult the venue guidelines available at your local Justice Court.

Start a Small Claims Lawsuit

  1. File a Complaint Start by submitting a Small Claims Complaint with the court. This form should clearly and briefly explain why you're suing the defendant and the amount you're seeking. Keep your explanation simple, factual, and to the point.
  2. Use Correct Legal Names Be sure to use your full legal name and the correct legal name of the defendant—whether it's a person or a business. You cannot change the names once the complaint has been filed, so double-check all spelling and details.
  3. Check Jurisdiction and Venue Your complaint must be filed in the correct Justice Court precinct. In most cases, this means filing where the defendant lives, does business, or where the events leading to the case occurred. For guidance, refer to Arizona Revised Statutes § 22-202.
  4. Get a Summons Once your complaint is accepted, the court clerk will issue a Summons. This document tells the defendant they are being sued and need to respond.
  5. Serve the Defendant You are responsible for serving the defendant with all of the following:
  • The Summons
  • The Complaint
  • The Notice to Plaintiff and Defendant

You can serve these documents by:

  • Certified or registered mail (with return receipt requested), or
  • A constable, sheriff, or licensed process server
  1. File Proof of Service After the defendant has been served, you must file Proof of Service with the court. This must be done within 45 days of filing your complaint. If you miss this deadline, your case may be dismissed.
  2. Voluntary Dismissal If you decide to drop the case, you may file a Notice of Voluntary Dismissal—as long as the defendant has not yet filed an answer or a counterclaim. If they have, you’ll need the court’s permission to dismiss the case.

Serve the Defendant

Proper service is a crucial step in your small claims case. Follow the rules below to ensure your case moves forward without delays or dismissal. (a) When to Serve the Defendant You must serve each defendant and file proof of service with the court within 45 days of filing your complaint.

  • If you miss this deadline, the case will be removed from the small claims division.
  • The court will dismiss the complaint against any defendant who wasn’t served on time.
  • This dismissal is without prejudice, which means you’re allowed to refile the case later if you choose.

(b) How to Serve the Defendant You can serve the defendant in one of two ways:

  1. Registered or Certified Mail
    • Mail the Summons, Complaint, and Notice to Plaintiff and Defendant using registered or certified mail, with return receipt requested.
    • When the defendant receives the mail, the post office will provide a return receipt (a signed green card or an electronic delivery confirmation).
    • File this receipt with the court within 45 days of filing your complaint to show proof of service.
  2. Personal Service
    • Hire a constable, sheriff, or a private process server to deliver the documents directly to the defendant.
    • Once the documents are delivered, an Affidavit of Service must be completed and filed with the court.
    • This must also be filed within 45 days of your original complaint filing. (c) What Happens After Service Once the court receives proof that the defendant was properly served, it will mail a notice to both you (the plaintiff) and any defendant who has filed a response.

This notice will explain that the case may be dismissed 65 days after service, unless one of the following occurs:

  • A hearing is scheduled, or
  • You apply for a default judgment (as described in Rule 140 of the Justice Court Rules of Civil Procedure)

Respond to a Claim

How to Respond to a Small Claims Complaint

  1. File a Written Answer
    • You have 20 days from the date you were served to file a written answer to the complaint.
    • You can find the answer form on the Arizona Courts website at www.azcourts.gov or pick one up at the courthouse.
  2. Consequences of Not Responding
    • If you don’t file an answer within 20 days, the court may rule in favor of the plaintiff by default. This means the plaintiff automatically wins the case, and you will likely have to pay the amount requested.
  3. Hearing Date
    • Once you file your answer, the court will schedule a hearing within 60 days.
    • Both you and the plaintiff must attend the hearing on the scheduled date to present your side of the case.
  4. Default Proceedings
    • If you miss the 20-day deadline to file an answer, the plaintiff can begin default proceedings to request a judgment in their favor.
    • These proceedings follow Rule 140 of the Arizona Rules of Justice Court Procedure.

Counterclaim

If you believe the plaintiff owes you money or that you have a claim against them, you have the option to file a counterclaim. Here are the important details to know:

  1. Filing Deadline
    • You must file your counterclaim within 20 days of being served with the complaint. This deadline is crucial for your counterclaim to be considered.
  2. Related Events
    • Your counterclaim can be based on the same incident mentioned in the plaintiff’s complaint, or it can be related to a completely different matter.
  3. Amount Limit
    • If your counterclaim exceeds $3,500, the case will be transferred out of the small claims division and moved to a higher court. In such cases, the rules and procedures for small claims may no longer apply.

Filing Cost

  • Small Claims Complaint and Summons: $58.00
  • Answer to Small Claims Complaint: $46.00

Writ Fees (Note: Constable service fees are extra)

  • Writ ONLY: $38.00
  • Writ of Execution (includes minimum mileage): $118.00
  • Writ of Garnishment (includes minimum mileage): $102.00
  • Writ of Replevin (includes minimum mileage): $256.00
  • Writ of Restitution (includes minimum mileage): $120.00

Other Fees

  • Judgment Debtor's Exam Issue Fee: $33.00
  • Clerk Fee (for acts without a specific fee): $33.00
  • Certification of Documents: $33.00
  • Copies of Documents: $0.50 per page

Prepare for your Hearing

How to Prepare for Your Hearing

  1. Organize Your Case
    • Write down the events in the order they happened. This timeline will help you stay focused and present your argument clearly during the hearing.
  2. Gather Evidence
    • Collect any documents or items that support your case. These might include:
      • Receipts
      • Bills
      • Price quotes
      • Photos of damages
      • Contracts or agreements
    • The more relevant evidence you have, the stronger your case will be.
  3. Prepare Your Witnesses
    • If there are any people who can support your side of the case, ask them to attend the hearing and be ready to testify. Their testimony can help clarify key facts.
  4. Review the Counterclaim
    • If the defendant has filed a counterclaim against you, make sure you’re prepared to respond. Bring any evidence that challenges or disproves their claim.
    • At the hearing, both you and the defendant will have a chance to present your side, introduce evidence, and call witnesses. The judge will then make a decision based on the facts presented in court.

Settlement

If both parties reach an agreement before the scheduled hearing, the plaintiff must inform the court by filing a Notice of Settlement.

This document serves to notify the court that the case has been resolved, and as a result, the hearing will no longer be necessary.

By filing this notice, the case will be officially marked as settled, and no further court action will be required.

Dismiss the Case

If both parties decide to dismiss the lawsuit, they can file an Agreement to Dismiss. This document must be signed by:

  • The plaintiff
  • The defendant
  • Any attorneys involved in the case

Once the Agreement to Dismiss is filed, the lawsuit will be officially dismissed, and any claims or counterclaims will be considered resolved. This means that no further action will be taken on the case.

Hearing

  1. Be On Time
    • It’s important that both parties arrive on time for the hearing. You’ll have the opportunity to present your case, testify, and submit any witnesses or evidence to support your side.
  2. Addressing the Counterclaim
    • If there is a counterclaim, it will also be discussed during the hearing. Be prepared to respond and present evidence if necessary.
  3. Judge’s Decision
    • After hearing both sides and reviewing all evidence, the judge or hearing officer will issue a judgment. This is a final written order that resolves the case.
    • While the judgment is typically announced at the hearing, the judge or hearing officer has up to 10 days to review everything and mail the decision to both parties.

If You Do Not Appear at the Hearing

  1. If Neither Party Shows Up
    • If neither the plaintiff nor the defendant appears at the hearing, the court will dismiss the complaint and any counterclaims. This means the case will not proceed.
  2. If the Defendant Fails to Appear
    • If the defendant fails to show up, the judge or hearing officer may hear the plaintiff’s side of the case and rule in favor of the plaintiff, entering a judgment against the defendant.
  3. If the Plaintiff Fails to Appear
    • If the plaintiff fails to attend, the court may dismiss the case or rule in favor of the defendant.

Important Note: Final Decision

Once the court issues its decision, it is final and binding for both parties.

  • You cannot appeal the judgment.
  • No jury trials are allowed in small claims court.

Appeal

Motion to Vacate Judgment

In small claims court, neither party has the right to appeal the judge’s decision. However, if you believe the judgment was made in error or if there was a valid reason for not attending the hearing, you may file a Motion to Vacate Judgment.

This motion asks the court to set aside the judgment and potentially reopen the case.

What Happens After Filing the Motion?

  • The court will review the motion and notify both parties of its decision. If the court grants the motion, the case may be reopened for further proceedings.

When Can You File a Motion to Vacate?

  • Judgment Error: If you believe the judgment was wrong or unfair.
  • Missed Hearing: If you missed the hearing for a valid reason, such as an emergency or other unavoidable circumstances.

Judgment

Once the case is decided, the court will issue a judgment.

  • Judgment Creditor: The party who wins the judgment, either on the original claim or on a counterclaim. This is the person or entity owed money or other relief by the other party.
  • Judgment Debtor: The party who owes the judgment. This is the person or entity required to pay the awarded amount or comply with the court's decision.

Collecting the Judgment

  1. Debtor’s Examination
    • To learn about the Judgment Debtor’s assets (such as employment or bank accounts), the plaintiff can request a Debtor’s Examination. This is a court-ordered procedure where the debtor must provide detailed information about their assets.
      • This process is officially known as an Order for Supplemental Proceedings.
      • Additional fees apply for this request.
  2. Writ of Garnishment
    • If the debtor fails to pay, the plaintiff can request a Writ of Garnishment, which allows the plaintiff to garnish the debtor’s wages, bank accounts, or other assets.
      • The Writ can apply to earnings (wages) or non-earnings property (like bank accounts or property).
  3. Writ of Execution
    • A Writ of Execution allows a Constable to seize the debtor's non-exempt personal property of value.
      • The plaintiff must provide details about the property and its location.
      • Additional fees apply for issuing and serving both Writs of Garnishment and Writs of Execution.

Important Notes:

  • Reporting Non-Payment:
    • If the judgment is related to an automobile accident and remains unpaid for 60 days, the plaintiff can notify the court. The Arizona Department of Transportation (MVD) will then suspend the debtor’s driver's license, vehicle registration, and non-resident operating privileges.
  • Satisfaction of Judgment:
    • Once the judgment is fully paid, the Judgment Creditor must file a Satisfaction of Judgment with the court to officially close the case. This form is available at the court.

Courthouse Locations:

Coconino County

219 East Cherry Avenue
Flagstaff, AZ 86001
(928) 679-7120
https://www.coconino.az.gov/1275/Small-Claims

BUILDING HOURS

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

CITIES SERVED

  • Flagstaff
  • Sedona
  • Tuba City
  • Page
  • Doney Park
  • Williams
  • Timberline-Fernwood
  • Kachina Village
  • Kaibab Estates West
  • Fort Valley
  • Grand Canyon Village
  • Red Lake
  • Mountain View Ranches
  • Kaibito
  • Bellemont
  • LeChee
  • Parks
  • Dilkon
  • Blue Ridge
  • Fredonia
  • Leupp
  • Moenkopi
  • Munds Park
  • Mountainaire
  • Cameron
  • Navajo Mountain
  • Hotevilla-Bacavi
  • Tusayan
  • Tolani Lake
  • Greenehaven
  • Tees Toh
  • Bitter Springs
  • Oak Creek Canyon
  • Winslow West
  • Mormon Lake
  • Forest Lakes
  • Moccasin
  • Kaibab
  • Seba Dalkai
  • Valle
  • Truxton
  • Crozier
  • Tonalea

Let Squabble Help You With Your Small Claim at Coconino County

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