Small Claims Court in Maricopa County

When a civil dispute arises, the justice court serves as a venue for resolving lawsuits within its jurisdictional limits. Jurisdiction refers to the authority a court has to hear specific types of cases.In Maricopa County, the Justice Courts have exclusive jurisdiction over all small claims filings.

Squabble can help you easily navigate the small claims court system to file a claim. We understand that not everyone is a legal expert, and we're here to make the process as simple as possible. In this guide, we'll address your questions about filing claims in the Maricopa Court System.

Small Claims Court

Small claims court is designed to make the lawsuit process more accessible for everyday individuals. This division of the justice court allows people to resolve disputes involving $3,500 or less. If you're taking someone to court, you're the plaintiff. If someone is taking you to court, you're the defendant.

Reasons to File a Small Claims Suit

Small claims court can handle various types of claims, including:

Money debts
Personal injury
Property damage
Tenant/Landlord Dispute
Stolen Property
Auto Repair
Poor Construction
Product Defect
Broken Contracts or Verbal Promises

It's always advisable to try to resolve disputes out of court first. However, if an agreement cannot be reached, filing a small claims complaint might be necessary.

Who Can File a Small Claims Suit?

If you have a dispute worth $3,500 or less, you can take it to small claims court without needing a lawyer. But if it's more than that, up to $10,000, you can go to the Justice Court Civil Division. For amounts over $10,000, it's the Superior Court.

The Arizona Supreme Court has detailed rules called the Rules of Small Claims Procedure, which explain how everything works and can help you get ready for your case. You can find the necessary forms on this link below: https://justicecourts.maricopa.gov/find-a-form/court-forms

Where to File a Small Claims Case

In Maricopa County, there are 26 justice court precincts where you can file your case. Typically, you file in the precinct where the issue occurred or where the defendant resides. You can confirm the correct precinct using an interactive map provided by Maricopa County.

If, by mistake, you file in the wrong precinct, the defendant can request to move the case to the appropriate one before responding to your complaint. You have the opportunity to object to this request if you believe the filing was correct. If the judge approves the venue change, you, as the plaintiff, will be responsible for any associated fees. However, if the defendant fails to request a venue change in time, they forfeit this option.

You can use the Maricopa County Interactive Elections Map to determine the correct justice court based on an address.

Statutes of Limitations

Time limits for filing civil actions begin from the date of the incident that caused the dispute. These limits apply to both civil suits and small claims. Here's a general guide:

60 Days: For issues related to security deposits.
One Year: For cases involving malicious prosecution, false imprisonment, breach of employment contract, wrongful termination, and liabilities established by statute.
Two Years: For personal injury, injuries resulting in death, property damage, property conversion, and product liability cases.
Three Years: For debts arising from oral contracts, open accounts, fraud, or mistake claims.
Four Years: For various cases including bonds to convey real estate, partnership accounts, merchant accounts, out-of-state judgments, and bonds of personal representatives or guardians. For actions without a specific time limit, except for real property recovery cases.
Six Years: For written contracts related to debt.

Remember, there are instances where these time limits might be extended or deferred based on specific circumstances.

Instructions for Filing and Defending Small Claims Cases

Review the Information: Familiarize yourself with the guidelines for filing and defending small claims cases in justice court.
Check the Venue: Use the court precinct map to verify the correct venue for your claim. It is your responsibility to file your case in the appropriate court.
Complete the Forms: Fill out the Complaint, Summons, and Notice form, along with the Party Contact Information form.
Make Copies:
- If you are filing against one person or a company, make three copies of the completed Complaint, Summons, and Notice form.
- If you are filing against two persons (e.g., a married couple), make four copies.
- Make additional copies as needed for each additional defendant.
Mailing Instructions: If you are filing by mail, include a self-addressed stamped envelope for the court's use.
File the Forms: Submit the forms to the court and pay the filing fee. If applicable, you can request an Application for Waiver/Deferral of the fee.
Serve the Defendants: Provide each named defendant with a copy of the Complaint, Summons, and Notice. Service can be done through:
- Registered and certified mail (restricted delivery)
- Any method allowed by the Arizona Rules of Small Claims Procedure, Rule 7, including using a process server.
Update Contact Information: If your address changes, you must file a CONTACT INFORMATION UPDATE form with the court.

Fees for Small Claims Court

Filing fees for small claims court are as follows:

Small Claims Complaint and Summons: $53.00
Answer to Small Claims Complaint: $43.00
Writ of Garnishment (without Constable service): $33.00
Writ of Garnishment (with minimum mileage): $97.00
Writ of Restitution (with minimum mileage): $115.00
Writ of Execution (with minimum mileage): $113.00
Judgment Debtor's Exam Issue Fee: $28.00
Filing any paper or performing any act not specifically prescribed: $28.00
Certification of any documents: $28.00
Copies of documents: $0.50 per page

Filing Rules

If the defendant does not respond to the complaint within 20 calendar days after service, the plaintiff can request an entry of default.
If a counterclaim is filed and the plaintiff does not reply within the allowed time, the defendant can request an entry of default against the plaintiff.
The party seeking default must mail a copy of the Application for Entry of Default to the defaulting party.
If no response is received within 10 judicial days, the plaintiff can file a Request for Entry of Default Judgment and a Judgment form.

Dismissal

The plaintiff can dismiss the claim at any time before the defendant files an answer or other pleading.
After an answer is filed, both parties must agree in writing to dismiss the case.
The court may dismiss a case that is not concluded within 65 days of service.

Filing a Counterclaim

A counterclaim can be filed with the answer or within 20 days of service of the summons.
The plaintiff has 20 calendar days to respond to a counterclaim.
If the counterclaim exceeds $3,500, the case will be transferred to the Civil Division.

Motions

Allowed Motions: Only two motions are permitted in Small Claims Court: a Motion for Change of Venue (before an answer) and a Motion to Vacate Judgment (after a judgment).

Hearing

Cases may be heard by a Justice of the Peace or a Volunteer Hearing Officer.
Any party can object to a hearing officer by filing a written objection at least 15 calendar days before the hearing. The case will then be heard by a Justice of the Peace.
A hearing date will be set within 60 calendar days after the answer is filed. All parties will be notified of the hearing date and time.
If you cannot attend the scheduled hearing, file a Request for Continuance showing good cause at least 15 calendar days prior to the hearing. The judge will decide whether to grant or deny the request.

The Hearing

Small Claims cases are not heard before a jury.
Bring all necessary evidence and witnesses to support your claim or defense. This can include documents, photos, and other relevant materials.
If the case is settled before the hearing, notify the court and file a Stipulated Dismissal, Settlement, or Judgment. The court will send a copy of the Judgment or Order to each party within five days.

Appeal

No Right to Appeal: Decisions in Small Claims Court are final and binding. To preserve the right to appeal, transfer the case to the Civil Division up to 10 business days before the hearing.

Judgment

A judgment is valid for 10 years from the date of entry. To renew, file within 90 days before expiration.
Refer to the court's guidelines on collecting a money judgment.
A motion to vacate a judgment must be filed within six months of the judgment date. Deliver the motion to the other party, who has 15 days to respond. The first filing by the defendant incurs a fee (ARSCP 16).
When the judgment is paid in full, file a Satisfaction of Judgment form with the court. This form is available from the court.

Let Squabble Help You With Your Small Claim in the Maricopa County

Don't let the complexity of the legal system deter you from seeking justice and compensation for your claim. With Squabble, you have a partner to simplify the process and help you navigate the path to resolution. If you're considering filing a claim in the Maricopa small claims court, Squabble is here to assist you every step of the way. Contact us today to start your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

Agua Fria

10420 W. Van Buren St.
Avondale, AZ 85323
(602) 372-8001
https://azcourthelp.org/justice/agua-fria-justice-court

BUILDING HOURS
Monday – Friday 9:00 a.m. – 4:00 p.m., except court holidays
Arcadia Biltmore

620 W Jackson St #1046
Phoenix, AZ 85003
(602) 372-6300
https://azcourthelp.org/appeals/arcadia-biltmore-justice-court

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Arrowhead

14264 West Tierra Buena Lane
Surprise, AZ 85374
602-372-2000
https://azcourthelp.org/justice/arrowhead

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Country Meadows

10420 W Van Buren St.
Avondale, AZ 85323
(602) 372-8000
https://azcourthelp.org/justice/country-meadows-justice-court

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Desert Ridge

18380 N 40th St #130
Phoenix, AZ 85032
(602) 372-7100
https://azcourthelp.org/justice/desert-ridge

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Dreamy Draw

18380 N 40th St #130
Phoenix, AZ 85032
(602) 372-7000
https://azcourthelp.org/justice/dreamy-draw

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
East Mesa

222 E Javelina Ave Suite C
Mesa, AZ 85210
(602) 506-8117
https://azcourthelp.org/justice/east-mesa

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
El Centro

620 W Jackson St #1037
Phoenix, AZ 85003
(602) 372-6300
https://azcourthelp.org/justice/downtown

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Encanto

620 W Jackson St #1045
Phoenix, AZ 85003
(602) 372-6300 ext. 2
https://azcourthelp.org/justice/encanto

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Hassayampa

14264 W Tierra Buena Ln.
Surprise, AZ 85374
(602) 372-2000
https://azcourthelp.org/justice/hassayampa

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Highland

222 E Javelina Ave Suite A
Mesa, AZ 85210
(602) 372-8300
https://azcourthelp.org/justice/highland-justice

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Ironwood

209 E Pima St
Gila Bend, AZ 85337
(602) 506-1589
https://azcourthelp.org/justice/ironwood-justice

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Kyrene

201 E Chicago St # 104
Chandler, AZ 85284
(602) 372-3400
https://azcourthelp.org/justice/kyrene-justice

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Manistee

14264 W Tierra Buena Ln.
Surprise, AZ 85374
(602) 372-2000
https://azcourthelp.org/appeals/manistee-justice

BUILDING HOURS Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Maryvale

10420 W Van Buren St #102
Avondale, AZ 85323
(602) 372-8002
https://azcourthelp.org/appeals/maryvale-justice-court

BUILDING HOURS Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
McDowell Mountain

18380 N 40th St #130
Phoenix, AZ 85032
(602) 372-7000
https://azcourthelp.org/justice/mcdowell-mountain-justice

BUILDING HOURS Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
Moon Valley

18380 N 40th St #130
Phoenix, AZ 85032
(602) 372-7000
https://azcourthelp.org/justice/moon-valley-justice

BUILDING HOURS Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
North Mesa

222 E Javelina Ave Suite B
Mesa, AZ 85210
(602) 372-4900
https://azcourthelp.org/justice/nmesa-justice

BUILDING HOURS Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
North Valley

14264 W Tierra Buena Ln.
Surprise, AZ 85374
(602) 372-2000
https://azcourthelp.org/appeals/nv-justice

BUILDING HOURS Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
San Marcos

201 E Chicago St # 103
Chandler, AZ 85284
(602) 372-3400
https://azcourthelp.org/justice/sanmarcos-justice

BUILDING HOURS Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
San Tan

201 E Chicago St #102
Chandler, AZ 85225
(602) 372-3400
https://azcourthelp.org/appeals/santan-justice

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
South Mountain

620 W Jackson St #1044
Phoenix, AZ 85003
(602) 372-6300
https://azcourthelp.org/justice/south-mountain

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
University Lakes

201 E Chicago St # 101
Chandler, AZ 85225
(602) 372-3400
https://azcourthelp.org/appeals/university-justice

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
West McDowell

620 W Jackson St #1038
Phoenix, AZ 85003
(602) 372-6300
https://azcourthelp.org/supreme/mcdowell-justice

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
West Mesa

222 E Javelina Ave Suite D
Mesa, AZ 85210
(602) 506-8100
https://azcourthelp.org/justice/west-mesa-justice

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.
White Tank

10420 W Van Buren St #103
Avondale, AZ 85323
(602) 372-8003
https://azcourthelp.org/justice/white-tank-justice-court

BUILDING HOURS
Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays.