Mohave County Justice Courts Electronic Filing will be available for Civil, Small Claims & Eviction cases beginning November 6, 2024. View more information here eFileAZ Limited Jurisdiction Training (azcourts.gov)
Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $3,500.
There are two specific motions allowed by law in a small claims action. These are a Motion for a Change of Venue (Location) and a Motion to Vacate a judgment.
The small claims courts can be used by any individual, partnership, association or corporation for civil claims that do not exceed $3,500. Small claims cases are simplified; therefore, lawyers are not allowed. However, they may be allowed to participate if all parties agree. A form, Stipulation for Use of Attorneys, may be filed for this purpose any time prior to the hearing. Attorneys can appear in the small claims division if they are representing themselves. Either party may object to the proceedings being held in the small claims division. The request must be made in writing at least 10 working days prior to the time set for the hearing. The case then will be transferred, the rules of civil procedure apply to the case, permitting claims in excess of $3,500, attorney representation, jury trial and appeal. The party requesting the transfer will be assessed a transfer fee.
This is your case. You are solely responsible for prosecuting or defending the claim or recovering any monetary awards. The clerks at each of the courts are not attorneys and are not authorized to give legal advice. It is not the court clerk's responsibility to advise you if you have a legal claim. The clerk is not responsible for any error you may make in asserting or defending the claim. The court does not take sides or render an opinion regarding the merits of a claim. There are certain steps you must follow to pursue your case properly. We have provided the following information to assist you with general procedures in processing your case through the court. The flowcharts, which you can link to on the top left side of this page, might be helpful in providing a basic overview of the small claims process. We also have made some forms available online. The complaint form can be filled out on your computer and then printed out. Please see our forms dropdown above for detailed instructions.
Click here to go to a Schedule of Fees.
People should try to settle their disputes and disagreements out of court whenever possible. If an agreement cannot be reached, a small claims complaint may be filed. The types of claims that can be filed in the small claims division include:
The types of claims that cannot be filed in the small claims division are those for:
The clerks at the Justice Courts are available to answer most questions relating to jurisdiction, venue, pleadings or procedures that this web site cannot answer for you. Please keep in mind that the clerk cannot engage in the practice of law and cannot give you legal advice.
Time limits in civil actions accrue from the date the events that gave rise to the action occurred.* The time limits apply to both civil suits and small claims. Please note, this list is meant as a general guide. Not all of the cases listed below can be filed or heard in Justice Court. Click here to view the Arizona laws outlining statutes of limitation.
A plaintiff (the person or organization bringing the suit) begins a small claims case by filing a Complaint with the proper justice court. The case must be filed in the correct venue. The plaintiff must file the complaint in the justice court in which the defendant (the person or organization being sued) resides or operates a business, or where the act/incident took place.
If the complaint has been filed in the wrong precinct, the defendant can file a Motion for Change of Venue. The form may be obtained from the court. The plaintiff may file an objection to the requested change. If the court orders a change of venue, the case shall be transferred to the proper precinct and the plaintiff shall pay all fees. The motion alleging improper venue must be made before filing the ANSWER. If the defendant fails to file a timely request for a change of venue, that right is waived.
Click here to see a list of fees associated with filing and responding to a suit.
After receiving the summons and complaint, the defendant has 20 days to file an answer with the court. If the defendant fails to file an answer within 20 days, the plaintiff may initiate default proceedings. If the Defendant is served out of state, they have 30 days to file an answer.
A Counterclaim is a statement by the defendant, not necessarily opposing the plaintiff's claim but alleging other facts to establish a claim by the defendant against the plaintiff. The defendant's counterclaim may also demand money from the plaintiff. If this demand does not exceed $3,500.00, the case remains in the small claims division.
If it exceeds this amount, the case is transferred out of the small claims division. All counterclaims are filed at the time of filing the answer. If not, the defendant will have to pay a separate filing fee to file a counterclaim. View online forms & instructions above.
If the defendant does not file an answer to a complaint, or if the plaintiff does not file an answer to a counterclaim, within 20 days after service is complete, an Application for Entry of Default may be filed with the court. If the party claimed to be in default fails to file a responsive pleading within 10 judicial days of the notice of entry of default, the default will take effect. It is your responsibility to file a Request for Entry of Default Judgment with or without a hearing. A Statement of Costs and proof of the claim (receipts, contract, etc.) must also be filed and served upon all the parties in the lawsuit. The court will accept an answer or other responsive pleading at any time prior to the expiration of the 10 judicial days.
If the defendant does not file an answer to a complaint, or if the plaintiff does not file an answer to a counterclaim, within 20 days after service is complete, an Application for Entry of Default may be filed with the court. If the party claimed to be in default fails to file a responsive pleading within 10 judicial days of the notice of entry of default, the default will take effect. It is your responsibility to file a Request for Entry of Default Judgment with or without a hearing. A Statement of Costs and proof of the claim (receipts, contract, etc.) must also be filed and served upon all the parties in the lawsuit. The court will accept an answer or other responsive pleading at any time prior to the expiration of the 10 judicial days.
The clerk will notify both parties of the time and place of the trial. If either party wishes to postpone the trial to a later date, a Request for Continuance form must be filed with the court by that party. This form may be obtained from the court clerk.
Only the most serious reasons will be considered by the court in ruling on this request. Prior to trial, both the plaintiff and defendant should write down the facts and details of the case in the order in which events occurred. Both parties should bring all witnesses and necessary papers (for example, bills, receipts, price estimates, pictures of damage, etc.) with them when they appear for the trial. If the plaintiff and defendant settle the case prior to the trial, the parties must notify the court, in writing, to dismiss the action.
If the defendant fails to appear at the trial, the judge or hearing officer may hear testimony from the plaintiff and his or her witnesses, examine other evidence presented by the plaintiff and enter a judgment against the defendant. If the plaintiff fails to appear at trial, the court may, and probably will, dismiss the case. If both parties fail to appear, the matter will be dismissed.
When you are paid in full you must file a Satisfaction of Judgment with the court. This form is available from the court.