Small Claims Court in Greenlee County

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

Small Claims Court

If you're dealing with a civil dispute and want a fast way to settle it, Arizona’s Justice Courts—also known as Justice of the Peace Courts—offer a helpful option through the small claims process.

These courts have exclusive authority to handle small claims cases. That means only they can decide these types of disputes. In simple terms, this is called jurisdiction—a court’s legal power to make decisions in a case.

How Much Can You Sue For in Small Claims Court?

You can use small claims court if you’re asking for $3,500 or less, not including interest or court fees.

• If your claim is for more than $3,500 but under $10,000, you’ll need to file a civil case—still in justice court.
• If you’re claiming over $10,000, the case must go to superior court.

Why File in Small Claims Court?

Small claims court is designed to make legal disputes easier to resolve. It’s:

• Faster than traditional court cases
• Less formal, so it’s easier for people to represent themselves
• Cost-effective, with lower filing fees and fewer legal requirements

Here’s what sets it apart:

• No attorneys allowed, unless both sides agree in writing
• No jury trials—a judge or court hearing officer makes the decision
• No appeals—once the court rules, the decision is final

Small Claims Isn’t the Right Option

Small claims court can be a convenient and affordable way to settle simple money disputes—but it’s not the right place for every legal issue.

There are certain types of cases that don’t belong in small claims court, either because of their complexity or the legal rights involved.

Skip small claims court if you want to:

• Have a lawyer represent you (unless both parties agree in writing)
• Ask for a jury to decide the case
• Appeal the decision if you don’t agree with the outcome

These rights aren’t available in small claims court.

Also, small claims court isn’t the place for cases involving:

• Defamation, like libel or slander
• Evictions or issues involving possession of property, such as forcible entry or unlawful detainer
• Asking the court to make someone do something (this is called specific performance)
• Class action lawsuits with multiple people suing together
• Freezing someone’s assets before a judgment is made (known as prejudgment relief)
• Asking the court to stop someone from doing something (called injunctive relief)
• Lawsuits against the State of Arizona, state agencies, or government employees acting in their official roles

What should you do instead?

If your case falls into one of these categories, you’ll need to file it in the civil division of the justice court or in superior court, depending on the nature and value of your claim.

Still not sure where to file? It’s a good idea to check with a court clerk or get legal advice to make sure you’re starting your case in the right place.

Small Claims Court Is the Right Choice

Small claims court could be a good choice for your situation if all of the following apply:

• You’re comfortable representing yourself and don’t plan to hire a lawyer.
• You’re fine with not having a jury trial—your case will be decided by a judge or hearing officer.
• You understand that you can’t appeal the decision once the case is over.

Small claims court is meant to be a quick, low-cost, and straightforward way to resolve legal disputes involving smaller amounts of money. It’s a great fit for individuals who want to handle things on their own without the complexity of a full court process.

Forms for Filing a Small Claims

Once you’ve decided that small claims court is the right path for your situation, the next step is to gather and file a few key forms to officially start your case.

Small Claims Summons

This form informs the defendant (the person you're suing) that a legal case has been filed against them. It includes important information about the court, your case, and when the hearing will take place.

Small Claims Complaint

Here’s where you lay out the details of your case. You’ll state why you're suing, how much money you're asking for, and the legal reason for your claim.

Notice to Plaintiff and Defendant

This document outlines what both parties need to know about the small claims process—such as your rights, responsibilities, and limits of what the court can do.

Proof of Service by Registered or Certified Mail

Once you’ve filed your forms, you’re required to notify the defendant through official service. If you use certified or registered mail, this form proves the defendant received the documents, which is required for the case to move forward.

• Helpful Tip:
  • You can usually download these forms from the website of your local Justice Court or pick them up in person at the courthouse. Always double-check that you’re using the correct forms for the county where you’re filing your case.
  • If you need assistance, many courts offer resources like self-help centers or staff who can guide you through the filing process.

Cases Handled

Small claims court is meant to handle specific types of disputes that are typically straightforward and involve smaller amounts of money. Some of the most common cases include:

• Breach of Contract (whether it’s a written or verbal agreement)
• Refund of a Down Payment that you’re entitled to
• Property Damage or Loss claims
• Consumer Issues, like faulty products or unsatisfactory services
• Unpaid Services, where you're seeking compensation for work you've done
• Claims Involving Bad Checks
• Disputes Over Unpaid Rent or Security Deposits

These types of cases are typically simpler, allowing individuals to resolve their issues without the complexity of a full trial, making small claims court an efficient option for these matters.

Statutes of Limitation

Here’s an overview of the statute of limitations for different types of legal claims in Arizona:

1 Year

• Malicious prosecution
• False imprisonment
• Libel or slander
• Breach of employment contract
• Wrongful termination
• Statutory liability

2 Years

• Personal injury
• Wrongful death
• Property damage
• Conversion of property (unlawful taking)
• Product liability (defective products)
• Forcible entry or detainer (landlord-tenant disputes)

3 Years

• Oral agreement debts
• Open accounts (e.g., unpaid invoices)
• Fraud or mistake claims

4 Years

• Bond for real estate transfer
• Partnership account disputes
• Merchant accounts
• Judgments or agreements made outside of Arizona
• Bonds for personal representatives or guardians
• Specific performance of real estate contracts
• Cases not otherwise limited by time (except for real property recovery)

6 Years

• Written contract debts

Important Note: In certain circumstances, the statute of limitations can be extended or paused. It’s a good idea to consult an attorney to see if any exceptions apply to your case.

Venue

Understanding Venue and How to Handle an Incorrect Venue

• Venue refers to the appropriate location or precinct where a lawsuit should be filed. This is typically based on factors such as where the incident occurred, where one of the parties lives, or where they do business.

What If You File in the Wrong Venue?

• If a lawsuit is mistakenly filed in the wrong Justice Court precinct, the defendant can request a Motion for Change of Venue, which is a formal request to move the case to the correct jurisdiction.

What Happens After the Motion is Filed?

• Plaintiff’s Response:
  • After the motion is filed, the plaintiff has 10 days to provide a response.
• Court’s Ruling:
  • If the court agrees with the defendant’s request, the case will be transferred to the appropriate precinct.
• Hearing Attendance:
  • Until the court officially approves the venue change, both parties must continue attending any hearings scheduled in the original court.

Key Considerations When Filing the Motion

• The defendant must file the motion before responding to the complaint. If the defendant files an answer or other response first, they lose their right to request the venue change.
• If the transfer is granted, the plaintiff will be responsible for paying any fees related to moving the case.

How to Determine the Correct Venue

• To determine the correct court for filing, refer to Arizona Revised Statutes (A.R.S.) § 22-202, which outlines where to file based on the nature of your case and the location of the parties. You can also consult the court clerk or review the venue guidelines available at your local Justice Court for further guidance.

Start a Small Claims Lawsuit

How to File a Small Claims Case: A Step-by-Step Guide

1. Complete and Submit a Complaint
   • Start the process by filing a Small Claims Complaint with the court. This form should clearly outline the reason for the lawsuit and the specific amount you're asking for. Be sure to keep your explanation clear, concise, and based on the facts.
2. Verify Legal Names
   • When completing the complaint, use your full legal name and the exact legal name of the defendant, whether they are an individual or a business entity. Double-check the spelling and details before submitting, as you can’t modify the names once the complaint is filed.
3. Confirm Jurisdiction and Venue
   • Make sure your complaint is being filed in the correct court. Typically, this is the Justice Court where the defendant resides, conducts business, or where the incident occurred. Refer to Arizona Revised Statutes § 22-202 for guidance on the proper jurisdiction and venue.
4. Request a Summons
   • After the court accepts your complaint, you’ll need to request a Summons. This is an official notice to the defendant, informing them of the lawsuit and their responsibility to respond within a certain period.
5. Serve the Defendant
   • It’s your responsibility to serve the defendant with the following documents:
     • The Summons
     • The Complaint
     • The Notice to Plaintiff and Defendant

You can serve the defendant through: - Certified or registered mail (with a return receipt), or - A constable, sheriff, or a licensed process server. 6. File Proof of Service - Once the defendant has been served, you must file Proof of Service with the court. This needs to be done within 45 days of submitting your complaint. Missing this deadline could result in the dismissal of your case. 7. Dismissal of the Case - If you choose to withdraw your lawsuit, you can file a Notice of Voluntary Dismissal, provided the defendant has not yet filed an answer or counterclaim. If the defendant has responded, you will need the court’s approval to dismiss the case.

Serve the Defendant

Ensuring Proper Service in Small Claims Court

To keep your small claims case on track, it’s important to follow the proper service procedures. Here’s what you need to know to ensure everything is done correctly: (a) Timing for Service - Serve the defendant(s) within 45 days from when you file your complaint. - If you don’t serve the defendant within this period, your case may be removed from the small claims division and dismissed. - If the case is dismissed due to improper service, it’s without prejudice, meaning you can still refile it later. (b) Methods of Serving the Defendant You can serve the defendant in one of two ways:

1. Registered or Certified Mail
   • Send the Summons, Complaint, and Notice to Plaintiff and Defendant through registered or certified mail with return receipt requested.
   • The post office will send you a return receipt (either a signed green card or electronic confirmation) when the defendant receives the mail.
   • File the return receipt with the court within 45 days to prove service was completed.
2. Personal Service
   • A constable, sheriff, or private process server can deliver the documents directly to the defendant.
   • After serving the defendant, the server must fill out an Affidavit of Service and file it with the court.
   • This must be done within 45 days of filing your original complaint. (c) After Service Is Completed Once the court receives proof that the defendant was served:
   • The court will send a notice to both you (the plaintiff) and any defendant who has responded to the complaint.
   • The notice will inform both parties that the case could be dismissed 65 days after service unless one of the following occurs:
     1. A hearing is scheduled.
     2. You request a default judgment (as outlined in 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 what you need to do:

1. Submit a Written Answer
   • You have 20 days from the day you were served to file a written answer.
   • You can access the Answer Form online through the Arizona Courts website (www.azcourts.gov) or at your local courthouse.
2. What Happens If You Don’t Respond If you fail to file an answer within 20 days, the court could rule in favor of the plaintiff by default. This means the plaintiff automatically wins the case, and you’ll likely be required to pay the amount they’ve asked for in their complaint.
3. Hearing Scheduling After you submit your answer, the court will schedule a hearing within 60 days. It’s important for both you and the plaintiff to attend the hearing on the scheduled date to present your sides of the case.
4. Default Judgment If you don’t file an answer on time, the plaintiff may begin the default proceedings to request a judgment in their favor. Default judgment is guided by Rule 140 of the Arizona Rules of Justice Court Procedure.

Counterclaim

If you believe the plaintiff owes you money or you have a claim against them, you can file a counterclaim. Here’s what you need to keep in mind:

1. Time Limit
   • You must file your counterclaim within 20 days of being served with the complaint to have it considered by the court.
2. Connection to Plaintiff’s Complaint
   • Your counterclaim can be:
     • Related to the same situation that led to the plaintiff's complaint, or
     • Completely unrelated to their claims.
3. Amount of the Counterclaim
   • If your counterclaim exceeds $3,500, the case will be moved out of the small claims court and into a higher court.
   • This means that the formal court procedures and rules will apply, rather than the simplified small claims process.

Filing Cost

Court Filing Fees Breakdown

1. Initial Civil Case Filing
   • Civil Complaint Filing Fee: $106.00 (covers both base and local fees)
2. Subsequent Civil Filings
   • Civil Answer or Other Response Filing Fee: $67.00
3. Initial Filings (Small Claims / Evictions)
   • Small Claims Filing Fee: $41.00
   • Forcible Entry and Detainer (Eviction) Filing Fee: $61.00
4. Subsequent Filings (Small Claims / Evictions)
   • Small Claims Answer Fee: $28.00
   • Eviction Answer Fee (Defendant): $28.00
5. Miscellaneous Clerk Fees
   • All listed services are $33.00, unless specified otherwise
     • Transfer of Documents or Transcripts for Appeal
     • Certification of Documents
     • Issuance of Writs
     • Filing any document or action not otherwise listed (e.g., Renewal of Judgment)
     • Civil Subpoena
     • Document Location Research
     • Sealing a Court File
     • Reopening a Sealed Court File
     • Document Duplication
6. Document Copy Fees
   • Copies of Documents: $0.50 per page

Prepare for your Hearing

How to Get Ready for Your Small Claims Hearing

1. Organize Your Case
   • Create a simple timeline of events to keep everything clear in your mind. This will help you stay on track during the hearing and present your argument effectively.
2. Gather Your Evidence
   • Make sure you have all the documents and materials that support your side. Examples include:
     • Receipts or proof of payment
     • Bills or invoices
     • Photos or videos of damages or relevant situations
     • Contracts, agreements, or written communications

The more evidence you can provide, the more convincing your case will be.

3. Prepare Your Witnesses
   • If anyone can back up your version of events, ask them to attend the hearing and testify. Their testimony could be crucial in making your case stronger. Make sure your witnesses know what they need to say and what to expect.
4. Review the Counterclaim (If There Is One)
   • If the defendant has filed a counterclaim, you need to be prepared to respond. Gather evidence that contradicts their version of events or disproves their claims. Be ready to explain why their counterclaim should be dismissed.

Both sides will present their cases, evidence, and witnesses at the hearing. The judge will then consider all the facts and make a decision. Stay calm, organized, and focused during the process to increase your chances of success.

Settlement

Informing the Court of a Settlement

• If the plaintiff and defendant come to a resolution before the hearing date, the plaintiff must submit a Notice of Settlement to the court.
• This form lets the court know that the case has been settled, so the scheduled hearing will no longer take place.
• Once the court receives the notice, the case will be officially closed, and no further action will be needed from either party.

Dismiss the Case

When both parties agree to end the lawsuit, they can submit a Dismissal Agreement. This document must be signed by:

• The plaintiff
• The defendant
• Any attorneys representing the parties

After the agreement is filed, the case will be officially dismissed, and all claims or counterclaims will be considered settled. This means no further legal action will be taken, and the matter is considered resolved.

Hearing

1. Arrive On Time
   • It's essential for both parties to arrive on time for the hearing. This ensures that you can present your case fully, offer any testimony, and submit supporting evidence or witnesses. Being punctual helps keep the process on track.
2. Address the Counterclaim
   • If there is a counterclaim involved, be ready to address it during the hearing. You'll need to respond and provide any evidence to support your side if the defendant has filed a counterclaim against you.
3. Judge’s Final Decision
   • After both parties have presented their arguments and the judge has reviewed the evidence, the judge or hearing officer will issue a ruling. This decision will be documented in a written judgment. While the judgment is typically given during the hearing, the judge or hearing officer has up to 10 days to finalize the decision and send it to both parties by mail.

If You Miss the Hearing:

1. If Neither Party Shows Up
   • If neither the plaintiff nor the defendant attends the hearing, the case will be dismissed, and no further proceedings will take place. Both the complaint and any counterclaims will be dropped.
2. If the Defendant Fails to Appear
   • If the defendant does not appear, the judge may hear only the plaintiff’s side and rule in the plaintiff’s favor, resulting in 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 Final Decision Note

• Once a judgment is made, it is final and binding. There are no opportunities for appeal, and jury trials are not allowed in small claims court.

Appeal

Motion to Vacate Judgment

• In small claims court, you cannot file an appeal to challenge the judge's decision. However, if you believe there was an error in the judgment or you had a legitimate reason for not attending the hearing, you can file a Motion to Vacate Judgment. This motion asks the court to set aside the judgment and possibly reopen the case for further action.

What Happens After You File the Motion?

• Once the court receives your motion, it will review the reasons you've provided and notify both parties about the decision. If the court grants the motion, the case will be reopened, and further proceedings may take place.

When Can You File a Motion to Vacate?

1. Judgment Mistake:
   • You may file a motion if you believe the judgment was wrong due to a mistake of fact or law. This could involve misinterpretation of the evidence or an error in applying the law.
2. Failure to Appear:
   • If you missed the hearing due to a valid reason, like an emergency, illness, or other unavoidable circumstances, you can file a motion to explain your absence and request the court to reconsider the judgment.

You will need to present supporting evidence to demonstrate why the judgment should be vacated, such as medical records, accident reports, or other documentation.

Judgment

Once a case is resolved, the court will issue a judgment that determines the outcome.

• Judgment Creditor: This is the party that wins the case and is entitled to the awarded relief, which could include money, property, or other forms of compensation. They are the one to receive what was granted by the court.
• Judgment Debtor: This is the party who loses the case and is obligated to fulfill the court’s order, whether that involves paying money, returning property, or taking some other action as required by the judgment.

Collecting the Judgment

Debtor’s Examination

• If the plaintiff needs to locate the debtor’s assets, such as bank accounts or employment details, they can request a Debtor’s Examination. This is a court-ordered procedure where the debtor must disclose their financial information, helping the creditor understand where the debtor’s assets are located. This process is also known as an "Order for Supplemental Proceedings," and there are additional fees associated with this request.

Writ of Garnishment

• If the debtor does not fulfill the judgment, the creditor can apply for a Writ of Garnishment, which allows the creditor to take money directly from the debtor’s wages or bank accounts. This legal order can be used to garnish either earnings (like salary) or non-earnings property (such as bank accounts or personal property). A fee is charged for issuing and serving this writ.

Writ of Execution

• A Writ of Execution permits the Constable to seize the debtor’s non-exempt personal property, which could be sold to satisfy the judgment. The creditor must provide specific information regarding the property, such as its location and value. Additional fees are also required to issue and enforce a Writ of Execution.

Important Considerations:

1. Reporting Non-Payment
   • If the judgment relates to an automobile accident and remains unpaid for 60 days, the creditor has the option to notify the court. As a result, the Arizona Department of Transportation (MVD) may suspend the debtor's driver's license, vehicle registration, and non-resident operating privileges until the debt is paid.
2. Satisfaction of Judgment
   • Once the judgment is fully satisfied, the creditor is responsible for filing a Satisfaction of Judgment with the court. This confirms that the debt has been paid in full and officially closes the case. The Satisfaction of Judgment form is available at the court.

Courthouse Locations:

Greenlee Superior Court

223 5th Street
Clifton, Arizona 85533
(928) 865-3872
https://azcourthelp.org/appeals/greenlee-superior

BUILDING HOURS

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

CITIES SERVED

• Clifton
• Morenci
• Duncan
• York
• Franklin

Let Squabble Help You With Your Small Claim at Greenlee County

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