Both parties in a small claims case may obtain forms from the court or, in Pinal County, visit the
Small Claims Cases web page to view instructions and download forms commonly used in small claims proceedings (e.g., summons, complaint, answer, counterclaim, etc.).
The procedures are simplified and streamlined so that parties can file, prosecute and defend their cases without the assistance of an attorney. Indeed, attorneys cannot appear or take part in a small claims case unless both parties agree to it in writing. (Attorneys may represent themselves, however.)
While small claims cases are relatively informal, the parties are nonetheless subject to important requirements and deadlines. Failure to comply can result in the court dismissing a party’s claim.
A Justice of the Peace or a hearing officer hears the case. There is no right to a jury trial, and there is no right to appeal. Thus, the decision of the Justice of the Peace or hearing officer is final and binding on both parties.
If the party from whom payment is sought (the “defendant”) does not want to give up the right to appeal or wants an attorney to represent them, they should file a motion to change the “venue” for the case to proceed.
Venue. The party seeking payment (the “plaintiff”) must file their lawsuit in the small claims division of the appropriate justice court precinct. That precinct is the legal “venue” and is generally the place where the defendant resides.
However, there are numerous exceptions, and a plaintiff should review
A.R.S. § 22-202
to determine the proper venue. For example, if the defendant resides outside of Arizona, or if the plaintiff does not know where the defendant resides, the plaintiff may bring the lawsuit in the justice court precinct where the plaintiff resides.
Plaintiff Considerations.
When compared to other forms of dispute resolution, such as a large-scale arbitration or complex litigation, a small claims lawsuit is cheap, quick and simple.
However, before heading to small claims court, the plaintiff should take into account a variety of considerations, including:
- Have you reviewed the procedural rules? Are you comfortable that you can abide by those rules in presenting your case?
- Are you so emotionally vested in your claim that you are unable to pursue it by yourself and may need the help of an attorney?
- Can you support your claim with strong evidence, including reliable documents and/or credible witness testimony, or is your evidence too sparse or weak to win your case?
- If the Justice of the Peace or hearing officer decides against you, can you live with that final result?
Under the right circumstances, small claims lawsuits allow parties to resolve issues over a variety of financial claims and can be an ideal way for parties to get relief and attain closure of their civil disputes.
