Small Claims Court in Santa Cruz County

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

Small Claims Court

If you're facing a civil dispute and want a simpler and faster way to resolve it, Arizona’s Justice Courts—often called Justice of the Peace Courts—might be just what you need. These courts handle small claims cases exclusively, which means they're the only courts that can decide these types of disputes. In legal terms, this is called jurisdiction—basically, it's the court’s power to make decisions about your case.

How Much Can You Sue for in Small Claims Court?

You can file a case in small claims court if you're asking for $3,500 or less (not including interest or court costs). If you're asking for more than $3,500 but less than $10,000, you’ll still go through the justice court system—but it won’t be considered a small claims case.

Claims over $10,000 have to be filed in superior court instead.

Why Choose a Small Claims Court?

Small claims court was created to make resolving legal issues more accessible—especially for people without lawyers. Here’s why many find it a good option:

• It’s faster than going through traditional court processes
• It’s less formal, which makes it easier for you to represent yourself
• It’s more affordable, with lower fees and fewer legal hurdles

A few important things to know:

• Attorneys aren’t allowed unless both sides agree in writing
• There are no jury trials—a judge or hearing officer makes the decision
• The decision is final—there’s no appeal once the court rules

In short, if your dispute is small but important, small claims court can be a practical and efficient way to resolve it.

If you're dealing with a civil dispute and want a fast, affordable 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 quick and affordable way to resolve simple money disputes—but it’s not the right fit for every legal issue. Some types of cases are too complex or involve legal rights that a small claims court doesn’t cover.

You should avoid small claims court if you want to:

• Have a lawyer represent you (unless both sides agree in writing)
• Request a jury trial
• Appeal the decision if you lose

These options aren't available in small claims court. Once a decision is made, it’s final.

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

• Defamation (like slander or libel)
• Evictions or property possession issues (such as forcible entry or unlawful detainer)
• Requests for the court to make someone do something (called specific performance)
• Class action lawsuits (where multiple people sue together)
• Freezing someone’s assets before the case is decided (prejudgment relief)
• Asking the court to stop someone from doing something (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 likely need to file in the civil division of the justice court—or in superior court—depending on the type and value of your claim.

Not sure where to start?

Reach out to a court clerk or consider getting legal advice. It’s the best way to make sure you’re filing in the right place and saving time and effort in the long run.

Small Claims Court Is the Right Choice

Small claims court might be the right option if all of the following apply to your situation:

• You’re comfortable representing yourself and don’t plan to hire a lawyer
• You’re okay with having a judge or hearing officer decide the case—there’s no jury trial
• You understand that the decision is final and can’t be appealed

Small claims court is designed to be a fast, low-cost, and simple way to resolve legal disputes involving smaller amounts of money. It’s a solid choice for people who want to handle things on their own without dealing with the complexities of a traditional court case.

Forms for Filing a Small Claims

Once you’ve decided that small claims court is the right option for your situation, the next step is filing the right paperwork to officially open your case. Here are the key forms you’ll need:

1. Small Claims Summons
   • This form lets the defendant (the person you're suing) know that a case has been filed against them. It includes key details like the court information, case number, and the date of the hearing.
2. Small Claims Complaint
   • This is where you explain your side of the story. You'll describe what happened, why you're suing, how much money you're asking for, and the legal basis for your claim.
3. Notice to Plaintiff and Defendant
   • This document gives both parties a clear overview of the small claims process. It covers your rights, responsibilities, and what the court can (and can’t) do.
4. Proof of Service by Registered or Certified Mail
   • After filing your forms, you must notify the defendant through official service. If you use registered or certified mail, this form proves that the defendant received the paperwork—something the court requires before the case can move forward.

Helpful Tip:

• You can usually download these forms from your local Justice Court’s website or pick them up in person at the courthouse. Just make sure you’re using the correct forms for the county where you're filing.

Cases Handled

Small claims court is designed to handle straightforward disputes that involve smaller amounts of money. It’s a good option when your case is relatively simple and doesn’t require a lengthy trial. Common examples include:

• Breach of Contract – Whether it’s a written or verbal agreement that wasn’t honored
• Refund of a Down Payment – When you're entitled to get your money back
• Property Damage or Loss – If someone damaged or lost your belongings
• Consumer Issues – Like defective products or services that didn’t meet expectations
• Unpaid Services – When you did work but didn’t get paid
• Bad Check Claims – If someone wrote you a check that bounced
• Disputes Over Unpaid Rent or Security Deposits – Common between landlords and tenants

These types of cases are typically easier to resolve without the complexity of a full courtroom trial, making small claims court a practical and efficient way to handle them.

Statutes of Limitation

In Arizona, the amount of time you have to file a legal claim depends on the type of case. This time limit is known as the statute of limitations. Here's an overview of the time limits for various types of claims:

1 Year

• Malicious prosecution
• False imprisonment
• Libel or slander (defamation)
• Breach of an employment contract
• Wrongful termination
• Statutory liability (obligations created by law)

2 Years

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

3 Years

• Debts from oral agreements
• Open accounts (such as unpaid invoices or store credit)
• Fraud or mistake claims

4 Years

• Bonds related to real estate transfers
• Disputes involving partnership accounts
• Merchant account issues
• Judgments or agreements made outside Arizona
• Bonds for personal representatives or guardians
• Specific performance of real estate contracts
• Claims not otherwise time-limited (excluding recovery of real property)

6 Years

• Debts based on written contracts

Important Note:

• These time limits may be extended or paused in certain situations. For example, if the defendant is a minor, out of state, or legally incapacitated, the deadline might be delayed. Always consult an attorney or check with your local court to confirm the statute of limitations that applies to your specific case.

Venue

What Is Venue?

• Venue refers to the specific Justice Court precinct where a lawsuit should be filed. It’s typically based on where the incident occurred, where a party lives, or where a business is located. Filing in the correct venue ensures your case is heard in the right location.

What Happens If You File in the Wrong Venue?

• If a case is filed in the wrong precinct, the defendant can file a Motion for Change of Venue—a formal request to transfer the case to the proper court.

After the Motion Is Filed:

• Plaintiff’s Response: The plaintiff has 10 days to respond to the motion.
• Court’s Ruling: If the court agrees with the motion, the case will be moved to the correct precinct.
• Hearing Attendance: Until the court grants the change, both parties must continue attending hearings in the original court.

Important Points About Filing a Motion for Change of Venue

• The defendant must file the motion before responding to the complaint.If they file an answer or other legal response first, they lose the right to request a venue change.
• If the court approves the transfer, the plaintiff is responsible for any fees associated with moving the case.

How to Find the Correct Venue

To figure out where to file your case:

• Refer to Arizona Revised Statutes (A.R.S.) § 22-202, which explains how to determine proper venue based on your case type and the parties’ locations.
• You can also ask the Justice Court clerk or check your local court’s website for venue guidelines and maps.

Filing in the right venue from the beginning helps avoid delays and extra costs. If you’re unsure, don’t hesitate to get assistance from court staff or seek legal advice.

Start a Small Claims Lawsuit

1. Complete and Submit a Small Claims Complaint Start by filling out the Small Claims Complaint form. This is your official statement explaining:
   • Why you’re filing the lawsuit
   • The amount of money you’re requesting
   • The facts that support your claim

Keep your explanation clear, concise, and focused on the facts. Avoid opinions or emotional statements.

2. Verify Legal Names Make sure to list both your full legal name and the exact legal name of the defendant (individual or business). Double-check spelling and other details. Once the complaint is filed, you cannot change the names without court approval.

3. Confirm Jurisdiction and Venue Your case must be filed in the correct Justice Court precinct, usually based on:

   • Where the defendant lives or does business
   • Where the dispute or incident occurred
   • Refer to A.R.S. § 22-202 for detailed guidance, or consult a court clerk if you’re unsure.

4. Request a Summons

   • After your complaint is accepted, request a Small Claims Summons from the court. This document officially notifies the defendant of the lawsuit and gives them a deadline to respond.

5. Serve the Defendant You're responsible for making sure the defendant receives these three documents:

   • The Summons
   • The Complaint
   • The Notice to Plaintiff and Defendant

You can serve the defendant using one of the following methods: - Certified or registered mail (with a return receipt) - A constable, sheriff, or licensed process server

6. File Proof of Service After serving the defendant, you must file a Proof of Service with the court. This must be completed within 45 days of filing your complaint. If not filed on time, your case could be dismissed.

7. Dismissal of the Case (If Needed) If you decide to withdraw your claim:

   • You can file a Notice of Voluntary Dismissal—as long as the defendant hasn’t filed an answer or counterclaim
   • If the defendant has already responded, you’ll need the court’s permission to dismiss the case

Filing correctly from the start helps your case move forward without delays. If you need help with forms or procedures, many Arizona courts offer self-help resources or in-person assistance.

Serve the Defendant

Ensuring Proper Service in Small Claims Court Serving the defendant properly is a critical step in your small claims case. If it’s not done correctly—and within the required timeframe—your case could be delayed or even dismissed. Here's what you need to know:

(a) Timing for Service

• You must serve the defendant within 45 days of filing your complaint.
• If service isn’t completed within this time, the court may remove your case from the small claims division and dismiss it.
• If dismissed for this reason, it will be “without prejudice”, meaning you’re allowed to refile your case.

(b) Methods of Serving the Defendant You have two approved ways to serve the required documents:

1. Registered or Certified Mail
   • Send the Summons, Complaint, and Notice to Plaintiff and Defendant by registered or certified mail with return receipt requested.
   • When the defendant receives the mail, the post office will provide you with a return receipt—either a green card signed by the recipient or an electronic confirmation.
   • File this return receipt with the court to prove the defendant was served.
   • This proof must be filed within 45 days of the original complaint.
2. Personal Service
   • A constable, sheriff, or licensed process server can hand-deliver the documents to the defendant.
   • After delivery, the server will complete an Affidavit of Service, which you must file with the court.
   • This must also be done within 45 days of filing your complaint.

(c) After Service Is Completed Once the court receives valid proof that the defendant has been served:

• The court will mail a notice to both parties—you (the plaintiff) and any defendant who has responded to the complaint.
• The notice will explain that your case may be dismissed 65 days after service unless one of the following happens:
  • A hearing is scheduled, or
  • You request a default judgment (if the defendant hasn’t responded), as explained in Rule 140 of the Justice Court Rules of Civil Procedure.
• Bottom Line: Serving the defendant properly and on time is essential to keeping your case moving forward. If you have questions about service or deadlines, don’t hesitate to contact your local Justice Court or seek legal advice.

Respond to a Claim

1. Submit a Written Answer
   • You have 20 days from the day you were served to file a written answer.
   • The answer is your official response to the plaintiff’s complaint, where you can either agree or dispute the claims made against you.
   • You can access the Answer Form online at 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 the 20-day deadline, 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 requested in the complaint.
   • It’s critical to respond within the given time to protect your rights and avoid a default judgment.
3. Hearing Scheduling
   • Once you’ve submitted your answer, the court will schedule a hearing, typically within 60 days.
   • It’s important that both you and the plaintiff attend the hearing on the scheduled date to present your side of the case.
   • If you miss the hearing, the court may rule against you.
4. Default Judgment
   • If you don’t file an answer on time, the plaintiff can begin default proceedings to request a judgment in their favor.
   • The process for obtaining a default judgment is governed by Rule 140 of the Arizona Rules of Justice Court Procedure.

Bottom Line: Filing a timely answer and attending the hearing are crucial steps to protect yourself in a small claims case. If you're unsure about the process, it’s a good idea to consult with an attorney or visit your local court for guidance.

Counterclaim

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

1. Time Limit
   • You must file your counterclaim within 20 days of being served with the plaintiff’s complaint.
   • If you miss this deadline, you could lose the opportunity to have your counterclaim heard in court.
2. Connection to Plaintiff’s Complaint
   • Your counterclaim can be either:
     • Related to the same situation that led to the plaintiff’s complaint (e.g., a dispute over the same contract or incident), or
     • Completely unrelated to their claims (e.g., you owe the plaintiff money, but your counterclaim is about something else entirely).
3. Amount of the Counterclaim
   • If your counterclaim exceeds $3,500, the case will be moved out of small claims court and into a higher court.
   • In this case, the formal rules and procedures of a regular civil case will apply instead of the simplified small claims process.

Filing Cost

Initial Case Filing Fees

• Civil Filing: $86.00
• Small Claims Filing: $30.00
• Forcible Entry and Detainer Filings (Evictions): $41.00

Subsequent Case Filing Fees

• Civil: $47.00
• Small Claims Answer: $18.00

Additional Clerk Fees

• Document and Transcript Transfer on Appeal: $33.00
• Certification of Any Documents: $33.00
• Issuance of Writs: $33.00
• Filing Any Paper or Performing Any Act for Which a Fee is Not Specifically Prescribed: $33.00
• Subpoena (Civil): $33.00
• Research in Locating a Document: $33.00
• Seal a Court File: $33.00
• Reopen a Sealed Court File: $33.00
• Record Duplication: $33.00

Per Page Fees

• Copies of Any Documents: $0.50 per page

Prepare for your Hearing

Preparing properly for your hearing is essential to presenting your case effectively. Follow these steps to stay organized and confident:

1. Organize Your Case
   • Create a timeline of events leading up to the dispute.
   • This will help you stay clear on the key points and keep your argument organized during the hearing.
2. Gather Your Evidence
   • Collect all the documents and materials that support your side of the case. Some examples include:
     • Receipts or proof of payment
     • Bills or invoices
     • Photos or videos of damages or any relevant situations
     • Contracts, agreements, or written communications
   • The more evidence you have, the stronger your case will be. Be sure to bring copies for the judge and the defendant.
3. Prepare Your Witnesses
   • If there are people who can testify on your behalf, make sure they are available to attend the hearing. Some key points to cover with your witnesses:
     • Make sure they know what they need to say.
     • Prepare them for the questions they might be asked.
     • Their testimony could be essential in strengthening your case.
4. Review the Counterclaim (If There Is One)
   • If the defendant has filed a counterclaim, you’ll need to respond. To prepare:
     • Gather evidence that contradicts or disproves the defendant’s claims.
     • Be ready to explain why the counterclaim should be dismissed or why it’s not valid.
5. During the Hearing
   • Both sides will have the opportunity to present their cases, evidence, and witnesses. The judge will then review all the facts and make a decision.
   • To improve your chances of success:
     • Stay calm and organized throughout the hearing.
     • Focus on presenting the facts clearly and confidently.
     • Keep it professional and stick to the main points.

Settlement

Informing the Court of a Settlement

• If the plaintiff and defendant reach a resolution before the hearing date, the plaintiff must notify the court by submitting a Notice of Settlement. Here's what you need to do:
  1. Submit the Notice of Settlement
     • The plaintiff should file a Notice of Settlement with the court.
     • This document informs the court that the case has been settled and that the scheduled hearing is no longer necessary.
  2. Court’s Response
     • Once the court receives the Notice of Settlement, the case will be officially closed.
     • After the case is closed, neither party will need to take any further action.

Dismiss the Case

1. What Is the Dismissal Agreement?
   • The Dismissal Agreement is a formal document that states both parties have agreed to end the lawsuit and that all claims and counterclaims are settled.
   • Once filed, the case will be officially dismissed, and no further legal action will be needed.
2. Who Needs to Sign the Agreement?
   • The Dismissal Agreement must be signed by:
     • The plaintiff (the party initiating the lawsuit)
     • The defendant (the party being sued)
     • Any attorneys representing the parties, if applicable
3. After Filing the Agreement
   • Once the agreement is submitted to the court, the case will be officially dismissed.
   • The lawsuit is considered resolved, and no further steps will be taken by the court or the parties.

Hearing

1. Arrive On Time
   • Punctuality is key. Arriving on time ensures that both parties can present their case fully, offer testimony, and submit any supporting evidence or witnesses.
   • Being on time helps keep the process on track and ensures that the judge or hearing officer can consider everything necessary to make a decision.
2. Address the Counterclaim
   • Be prepared to address any counterclaim. If the defendant has filed a counterclaim, you will need to respond to it during the hearing.
   • Have any evidence ready to support your side, and explain why the counterclaim should be dismissed or resolved in your favor.
3. Judge’s Final Decision
   • After both parties have presented their arguments and the judge has reviewed all evidence, a ruling will be made. This judgment is typically announced at the hearing.
   • Written judgment: While the decision is usually provided during the hearing, the judge has up to 10 days to finalize and send the written judgment to both parties by mail.

What Happens If You Miss the Hearing

1. If Neither Party Shows Up
   • Case Dismissed: If neither the plaintiff nor the defendant attends the hearing, the case will be dismissed. No further proceedings will take place, and both the complaint and any counterclaims will be dropped.
2. If the Defendant Fails to Appear
   • Plaintiff Wins: If the defendant does not show up, the judge may hear only the plaintiff’s side of the case and rule in the plaintiff’s favor, resulting in a judgment against the defendant.
3. If the Plaintiff Fails to Appear
   • Case Dismissed or Defendant Wins: If the plaintiff does not attend the hearing, the court may either dismiss the case or rule in favor of the defendant.

Important Final Decision Note

• Once the judge makes a decision, it is final and binding.
• No appeals: In small claims court, there are no opportunities for appeal.
• No jury trials: Small claims cases are decided by a judge or hearing officer, not a jury.

Appeal

Motion to Vacate Judgment

• In small claims court, there is no option to appeal a decision. However, if you believe there was an error in the judgment or you had a valid reason for missing the hearing, you can file a Motion to Vacate Judgment. This motion requests that the court 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.
• The court will then notify both parties about its decision.
• If the motion is granted, the case will be reopened and further proceedings may take place.

When Can You File a Motion to Vacate?

1. Judgment Mistake
   • If you believe the judgment was wrong due to a mistake of fact or law, you can file the motion. This could include:
     • Misinterpretation of evidence
     • Error in applying the law
2. Failure to Appear
   • If you missed the hearing due to a valid reason (such as an emergency, illness, or unavoidable circumstances), you can file the motion to explain your absence and request the court reconsider its judgment.
   • Supporting evidence: You’ll need to provide proof for your absence, such as:
     • Medical records
     • Accident reports
     • Any other relevant documentation

Judgment

Once a case is resolved in small claims court, the judge will issue a judgment, which determines the outcome of the case and outlines what each party is entitled to.

1. Judgment Creditor
   • The Judgment Creditor is the winning party in the case.
   • This is the person or entity entitled to receive the relief granted by the court. This could include:
     • Monetary payment
     • Property
     • Or other forms of compensation, depending on the judgment.
2. Judgment Debtor
   • The Judgment Debtor is the losing party in the case.
   • This is the person or entity who is obligated to fulfill the court’s order, which could involve:
     • Paying the money awarded by the court
     • Returning property
     • Taking any other required action specified in the judgment.

Collecting the Judgment

Once a judgment is issued and the debtor fails to satisfy the court’s order, there are several tools available to help the creditor (the party owed money) collect the debt.

1. Debtor’s Examination
   • What It Is: A court-ordered procedure where the debtor must disclose their financial details, such as:
     • Bank accounts
     • Employment information
   • Purpose: Helps the creditor locate the debtor’s assets to understand where the money is or how the debt can be paid.
   • Additional Fees: There are extra costs for requesting a Debtor’s Examination.
   • Alternative Name: Sometimes called an "Order for Supplemental Proceedings."
2. Writ of Garnishment
   • What It Is: A legal order that allows the creditor to collect money directly from the debtor’s:
     • Wages (e.g., salary)
     • Bank accounts or other non-earnings property
   • Purpose: If the debtor does not pay the judgment, the creditor can garnish their earnings or seize assets from their bank accounts.
   • Fees: A fee is charged for issuing and serving the Writ of Garnishment.
3. Writ of Execution
   • What It Is: A legal order that allows a Constable to seize the debtor’s non-exempt personal property.
     • The property could be sold to satisfy the judgment.
   • Requirements: The creditor must provide specific details about the property, including its location and value.
   • Fees: There are additional fees for issuing and enforcing the Writ of Execution.

Additional Considerations

• Reporting Non-Payment
  • When to Report: If the judgment relates to an automobile accident and the debt remains unpaid for 60 days, the creditor has the option to:
    • Notify the court
    • Result: The Arizona Department of Transportation (MVD) may suspend the debtor’s:
      • Driver’s license
      • Vehicle registration
      • Non-resident operating privileges
    • Purpose: Helps pressure the debtor to settle the debt.
• Satisfaction of Judgment
  • What It Is: Once the debt is fully paid or satisfied, the creditor must:
    • File a Satisfaction of Judgment with the court
    • This confirms that the debt has been paid in full and officially closes the case.
  • Form Availability: The Satisfaction of Judgment form is available at the court.

Courthouse Locations:

Justice of the Peace

2160 N. Congress Drive Suite 2100
Nogales, AZ 85621
(520) 375 - 7661
https://www.santacruzcountyaz.gov/138/Civil-Division

BUILDING HOURS

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

CITIES SERVED

• Rio Rico
• Nogales
• Tubac
• Patagonia
• Sonoita
• Elgin
• Kino Springs
• Beyerville
• Tumacacori-Carmen

Let Squabble Help You With Your Small Claim at Santa Cruz County

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