Small Claims Court in Gila County

In Gila County, AZ small claims cases are typically filed in the Justice Court. Gila 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 Gila Court System.

Small Claims Court

If you're involved in a civil dispute and want a simple, affordable way to resolve it, Arizona’s Justice of the Peace Courts—commonly known as justice courts—offer a great solution through small claims lawsuits.

These courts have exclusive jurisdiction over small claims cases. That means they are the only courts that can hear them. In legal terms, jurisdiction just means the court has the authority to make decisions in the case.

What’s the Limit for Small Claims?

You can file a small claims case in Arizona if you're trying to recover $3,500 or less (not including interest and court costs).

• f you’re seeking more than $3,500 but less than $10,000, you’ll need to file a civil lawsuit—still in justice court.
• If your claim is over $10,000, your case must be filed in superior court instead.

Why Choose a Small Claims Court?

Small claims court is designed to be:

• Quick
• Less formal

It’s ideal for resolving financial disputes without the delays and costs of a traditional lawsuit.

Key Features:

• No attorneys required: In fact, attorneys aren’t allowed unless both parties agree in writing.
• No jury trials: A hearing officer or Justice of the Peace will decide the case.
• No appeals: The decision is final and binding, with no option to appeal.

Small Claims Isn’t the Right Option

Small claims court is a great resource for resolving straightforward financial disputes—but it's not the right fit for every situation. There are certain types of cases that can’t be handled in small claims court.

You should not file in small claims court if any of the following apply:

You want the right to:

• Be represented by an attorney
• Request a jury trial
• Appeal the court’s decision

Your case involves more complex legal issues, such as:

• Defamation claims, like libel or slander
• Forcible entry, unlawful detainer, or eviction disputes (especially when related to possession of property)
• A request for specific performance (asking the court to require someone to do something, such as honoring a contract)
• A class action lawsuit involving multiple plaintiffs
• Prejudgment remedies, such as freezing someone’s assets before a decision is made
• Injunctive relief, or asking the court to order someone to stop doing something
• A lawsuit against the State of Arizona, one of its agencies, or a government employee acting in an official capacity

Where should you file instead?

• If any of these situations apply to your case, you’ll need to file in a different division of the justice court or in superior court, depending on the issue and amount in dispute.

Small Claims Court Is the Right Choice

You might consider filing in small claims court if all of the following are true:

• You don’t plan to hire an attorney and are comfortable representing yourself.
• You’re okay with not having a jury trial—a judge or hearing officer will decide the case.
• You understand that the decision is final and cannot be appealed.

Forms for Filing a Small Claims

If you’ve decided that small claims court is the right option for your situation, the first step is completing and filing a few essential forms. These documents officially start your case and inform the other party.

1. Small Claims Summons This form lets the defendant (the person you’re suing) know that a claim has been filed against them. It includes key details about the court, the case, and the scheduled hearing.
2. Small Claims Complaint This is the main document where you explain your side of the story. You’ll describe why you're filing the claim, how much you're asking for, and the reason behind the lawsuit.
3. Notice to Plaintiff and Defendant This notice outlines the rules, rights, and responsibilities of both sides. It explains how the small claims process works and what each party should expect.
4. Proof of Service by Registered or Certified Mail After you file your case, you must officially notify the defendant. This form proves that you served the required documents using certified or registered mail—exactly as the law requires.

Tip:

• You can usually find all of these forms on your local Justice Court’s website or by visiting the courthouse in person. Make sure you're using the correct forms for the county where you’re filing your case.

Cases Handled

Small claims court is ideal for resolving certain types of disputes quickly and affordably. Here are some of the most common cases that are typically heard in small claims court:

• Breach of Contract (whether written or verbal)
• Return of a Down Payment you’re owed
• Property Damage or Loss
• Consumer Complaints, such as issues with defective products or poor craftsmanship
• Unpaid Work, where you’re seeking payment for services you've completed
• Bad Check Claims
• Unpaid Rent or Security Deposit Disputes

These types of cases often involve smaller amounts of money and are straightforward, making them a good fit for small claims court.

Statutes of Limitation

Here’s a breakdown of the statute of limitations for various legal claims in Arizona:

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 certain situations, these time limits can be extended or paused. It’s recommended to consult an attorney to determine if exceptions apply to your specific case.

Venue

Venue and What Happens if You File in the Wrong Venue

Venue refers to the correct court location or precinct where a lawsuit should be filed. This is generally determined by where the incident took place or where one of the parties resides or conducts business.

What Happens if the Case is Filed in the Wrong Venue?

If a lawsuit is filed in the incorrect Justice Court precinct, the defendant has the option to file a Motion for Change of Venue. This is a request to move the case 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 has been filed.
• Court’s Decision:
  • If the court agrees with the motion, the case will be transferred to the correct precinct.
• Attendance Requirement:
  • Until the court officially approves the transfer and notifies both parties, everyone must 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 any other response to the complaint. If the defendant responds first, they lose the right to request a change of venue.
• If the court agrees to transfer the case, the plaintiff is required to pay any associated fees for moving the case.

How to Determine the Correct Venue

To determine where you should file your case, refer to Arizona Revised Statutes (A.R.S.) § 22-202. This statute provides guidelines on proper venue based on the nature of the case and where the involved parties are located. You can also reach out to the court clerk or review the venue rules at your local Justice Court for further clarification.

Start a Small Claims Lawsuit

Steps to File a Small Claims Lawsuit

1. File a Complaint
   • Begin by submitting a Small Claims Complaint to the court. This form should clearly explain why you are suing the defendant and how much money you are seeking. Make sure your explanation is simple, factual, and concise.
2. Use Correct Legal Names
   • Always use your full legal name and the correct legal name of the defendant, whether they are an individual or a business. You cannot change the names once the complaint has been filed, so double-check all spelling and details before submitting.
3. Check Jurisdiction and Venue
   • Ensure your complaint is filed in the appropriate Justice Court precinct. Typically, this means filing in the court where the defendant lives, conducts business, or where the events that led to the case occurred. For reference, consult Arizona Revised Statutes § 22-202 for more details on jurisdiction.
4. Get a Summons
   • After your complaint is accepted, the court clerk will issue a Summons. This document notifies the defendant that they are being sued and provides instructions on how to respond.
5. Serve the Defendant
   • You are responsible for serving the defendant with the following documents:
     • The Summons
     • The Complaint
     • The Notice to Plaintiff and Defendant
   • You can serve these documents by:
     • Certified or registered mail (with return receipt requested)
     • Using a constable, sheriff, or licensed process server.
6. 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. Failing to do so may result in your case being dismissed.
7. Voluntary Dismissal
   • If you wish to drop the case, you can file a Notice of Voluntary Dismissal as long as the defendant has not yet filed an answer or counterclaim. If the defendant has responded, you will need the court’s permission to dismiss the case.

Serve the Defendant

Proper Service in Small Claims Court Proper service of the defendant is vital to ensure your small claims case proceeds smoothly. Failing to follow the correct procedures can lead to delays or dismissal. Here’s how to properly serve the defendant: (a) When to Serve the Defendant

• You must serve the defendant(s) and file proof of service with the court within 45 days of filing your complaint.
  • If you miss this deadline:
    • The case will be moved out of the small claims division.
    • The court will dismiss the case against any defendant who wasn’t served on time.
    • The dismissal is without prejudice, meaning you can refile the case later if necessary. (b) How to Serve the Defendant
• You have two options to serve the defendant:
  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 electronic delivery confirmation).
     • You must file the return receipt with the court within 45 days 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.
     • After delivery, an Affidavit of Service must be completed and filed with the court.
     • This must also be done within 45 days of your original complaint filing. (c) What Happens After Service
• Once the court receives proof of proper service, it will mail a notice to both:
  • You (the plaintiff)
  • Any defendant who has filed a response
• This notice will state that the case may be dismissed 65 days after service unless:
  • A hearing is scheduled, or
  • You apply for a default judgment (per Rule 140 of the Justice Court Rules of Civil Procedure).

Respond to a Claim

How to Respond to a Small Claims Complaint

If you've been served with a small claims complaint, here’s a step-by-step guide on how to respond:

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 get the Answer Form from the Arizona Courts website (www.azcourts.gov) or pick it 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 will automatically win the case, and you will likely be required to pay the amount requested in the complaint.
3. Hearing Date
   • After filing your answer, the court will schedule a hearing within 60 days.
   • Both you and the plaintiff must attend the hearing to present your side of the case.
4. Default Proceedings
   • If you fail to file your answer within the 20-day period, the plaintiff can begin default proceedings to request a judgment in their favor.
   • Default proceedings are governed by Rule 140 of the Arizona Rules of Justice Court Procedure.

Counterclaim

If you believe that the plaintiff owes you money or if you have a separate claim against them, you can file a counterclaim. Here’s what you need to know:

1. Filing Deadline
   • You must file your counterclaim within 20 days of being served with the complaint for it to be considered.
2. Related Events
   • Your counterclaim can either:
     • Relate to the same incident mentioned in the plaintiff’s complaint, or
     • Involve a completely different matter altogether.
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 these cases, the rules and procedures for small claims may no longer apply, and a more formal court process will take over.

Court Filing Fees

• Initial Civil Case Filing
  • Civil Complaint Filing Fee: $106.00 (total, including 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: $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

Prepare for your Hearing

How to Prepare for Your Small Claims Hearing

1. Organize Your Case
   • Start by creating a clear timeline of events. List the key details in the order they happened, and make sure you’re ready to explain your case logically and concisely.
2. Gather Your Evidence
   • Collect any documents or items that can back up your claims. This may include:
     • Receipts
     • Invoices or bills
     • Price estimates or quotes
     • Photos of damages or relevant situations
     • Contracts or written agreements
   • The stronger and more relevant your evidence, the more compelling your case will be.
3. Prepare Your Witnesses
   • If you have witnesses who can testify to facts that support your side, ask them to attend the hearing. Witness testimony can be key in proving your case. Ensure they know what to expect and are ready to speak on your behalf.
4. Review the Counterclaim (If Applicable)
   • If the defendant has filed a counterclaim against you, it’s important to prepare a response. Gather evidence that disputes or weakens their claims. Make sure you’re ready to explain why their counterclaim is unfounded or inaccurate.
   • During the hearing, both parties will have the opportunity to present their cases, present evidence, and call witnesses. The judge will then make a decision based on the evidence and arguments presented. Be sure to stay organized, calm, and focused throughout the process.

Settlement

Notifying the Court of a Settlement

• If both parties come to an agreement before the scheduled hearing, the plaintiff must file a Notice of Settlement with the court.
• This document serves to inform the court that the dispute has been resolved and, as a result, the hearing is no longer needed.
• By submitting this notice, the case will be officially marked as settled, and no additional court proceedings will be required. This helps close the case without the need for a formal hearing.

Dismiss the Case

• If both parties agree to drop the lawsuit, they can file an Agreement to Dismiss. This document must be signed by:
  • The plaintiff
  • The defendant
  • Any attorneys involved

Once this agreement is submitted, the case will be officially dismissed, and any claims or counterclaims made during the proceedings will be considered resolved. After filing, no further legal action will be required for that case.

Hearing

1. Be On Time
   • Arriving on time is crucial for both parties involved in the hearing. This ensures you have the full opportunity to present your case, provide testimony, and submit any relevant evidence or witnesses to support your position.
2. Addressing the Counterclaim
   • If there is a counterclaim filed, it will also be addressed during the hearing. Be prepared to present your side and provide evidence if necessary to respond to the counterclaim.
3. Judge’s Decision
   • After hearing both sides and reviewing the evidence, the judge or hearing officer will make a decision and issue a written judgment. Although the decision is typically announced at the hearing, the judge or hearing officer has up to 10 days to finalize the decision and mail it 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 scheduled hearing, the court will dismiss the case along with any counterclaims. This means the case will not proceed.
2. If the Defendant Fails to Appear
   • If the defendant fails to attend, the judge or hearing officer may proceed by hearing only the plaintiff’s case and may rule in favor of the plaintiff, entering a judgment against the defendant.
3. If the Plaintiff Fails to Appear
   • If the plaintiff does not show up, the court may dismiss the case or rule in favor of the defendant.

Important Note: Final Decision

• Once the court has issued a decision, it is final and binding on both parties. There is no option for appeal, and no jury trials are allowed in small claims court.

Appeal

Motion to Vacate Judgment

• In small claims court, you cannot directly appeal the judge's decision. However, if you believe the judgment was made in error or if you had a legitimate reason for missing the hearing, you can file a Motion to Vacate Judgment. This motion requests the court to set aside the judgment and reopen the case for further consideration.

What Happens After Filing the Motion?

• Once you file the motion, the court will review it and notify both parties of its decision. If the court agrees to vacate the judgment, the case may be reopened, and further proceedings may take place.

When Can You File a Motion to Vacate?

1. Judgment Error:
   • You can file a motion if you believe the judgment was incorrect, unfair, or based on a mistake. This can include factual errors or legal misinterpretations that led to the decision.
2. Missed Hearing:
   • If you missed the hearing due to unforeseen circumstances, such as a medical emergency or other valid reasons, you may file a motion to explain why you were unable to attend and request that the case be reopened.

Be prepared to provide evidence supporting your motion, such as documentation of the circumstances surrounding your absence or any reasons why the judgment was erroneous.

Judgment

Once the case is resolved, the court will issue a judgment that outlines the decision.

• Judgment Creditor: This is the party that prevails in the case, either from the original claim or a counterclaim. They are the person or entity who is owed money, property, or some other form of relief as determined by the court.
• Judgment Debtor: This is the party who loses the case and is required to pay the amount owed or comply with the court's decision. They are the person or entity that must fulfill the judgment, either by paying money or taking another action as ordered by the court.

Collecting the Judgment

Debtor’s Examination

• If the Judgment Creditor needs information about the Judgment Debtor’s assets (like bank accounts or employment), they can request a Debtor’s Examination. This is a legal process where the debtor is required to provide detailed information about their assets, and it is typically known as an "Order for Supplemental Proceedings." Additional fees apply for requesting this examination.

Writ of Garnishment

• If the debtor fails to comply with the judgment, the Judgment Creditor can ask for a Writ of Garnishment. This allows the creditor to collect money directly from the debtor’s wages, bank accounts, or other assets. The garnishment can target both earnings (wages) and non-earnings property (like bank accounts or personal property). Additional fees are also required to issue and serve this writ.

Writ of Execution

• A Writ of Execution allows a Constable or law enforcement officer to seize the debtor's non-exempt personal property if the debtor has assets they can sell or use to satisfy the judgment. The creditor must provide information about the property’s location and value. Just like the other writs, there are fees for issuing and serving a Writ of Execution.

Important Notes:

• Reporting Non-Payment
  • If the judgment involves an automobile accident and remains unpaid for 60 days, the creditor can report the non-payment to the court. The Arizona Department of Transportation (MVD) may suspend the debtor's driver's license, vehicle registration, and non-resident operating privileges.
• Satisfaction of Judgment
  • Once the Judgment Debtor fully pays the judgment, the creditor must file a Satisfaction of Judgment with the court to officially close the case. This form can be obtained from the court.

Courthouse Locations:

Payson Regional Justice Court

714 S. Beeline Hwy Suite#103
Payson, Az. 85541
(928) 474-5267
https://www.gilacountyaz.gov/government/courts/payson_regional_justice_court/index.php

BUILDING HOURS

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

CITIES SERVED

• Payson
• Globe
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• Star Valley
• Central Heights-Midland City
• North Fork
• Canyon Day
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• Deer Creek
• Kohls Ranch
• Oxbow Estates
• Flowing Springs
• Haigler Creek
• Hunter Creek
• Rye
• El Capitan
• Washington Park

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