How Do I Sue Someone That Owes Me Money Arizona

The information listed below is for those who are looking for information on how to file or defend against a small claim . Small claims are civil suits that do not seek an award of more than $3,500. They are designed for people to be able to represent themselves in courtroom. Minor claims court cases are held in justice court locations.

At that place are NO juries, NO appeals , and NO attorneys allowed in small claim cases . Attorneys (unless representing themselves) cannot appear, accept part in the filing , or stand for either side unless everyone agrees to it in writing.

What do I demand to know before filing a complaint ?

A plaintiff is the person who files a lawsuit . The plaintiff must be straight related to or impacted by what is beingness brought in the claim. They cannot be amended, or else y'all will have to dismiss the lawsuit and start the whole procedure over.
A complaint must:

• Be filed in the correct venue ;
• Exist clearly written, stating the reasons for the claim; and
• Not have the amount of ALL the claims exceed $iii,500. One claim cannot be split into several smaller claim amounts.

There is a filing fee to filing a complaint,  If you lot are unable to pay this fee, you can use for a fee waiver/deferral.

Where do I file a small claims case?

Small claims courtroom takes place in Arizona justice courts .  The plaintiff (person filing the merits) must file the lawsuit in the justice court precinct  where the defendant lives, unless:

1. The defendant or defendants live outside of Arizona or when their address is unknown, the merits may exist brought in the preceinct where the plaintiff lives;
2. A married person may be sued in the justice precinct where the spouse resides unless they are separated;
3. If the defendant is homeless or does not have a permanent accost, they tin be sued in the justice precinct where they are establish;
4. If the person contracted a debt in one precinct and so moved, they tin exist sued in either precinct;
5. When a contract is signed in one jurisdiction , information technology tin be brought in that precinct or in the precinct where the accused resides; or
6. If in that location are many defendants who live in a variety of areas, the claim can be brought in any precincts where at least 1 defendant lives.

What if the lawsuit was non filed at the right court?

If the lawsuit was non filed in the correct justice court, the defendant may dile a Movement to Change the Venue of the lawsuit. The plaintiff has ten days to file a response. If the move is granted, the court will transfer the case to the proper location.  Until the motility is granted, all business must take place at the courthouse where the petition was originally filed.

Afterwards a complaint is filed how does information technology take to exist served?

After a complaint is filed the court will upshot a summons. The summons, complaint, and Notice to Plaintiff and Defendant, must exist served on all defendants. ARSCP 5(a)

Service may be made in 3 ways:

1. Registered or certified mail , with a "return receipt requested." After information technology is served by the postal service, the plaintiff will get a return receipt that has to exist filed with the court within 45 days of filing the complaint. ARSCP 5(b)(1)
2. Constable , sheriff, or procedure server; an affidavit of service must exist filed with the court inside 45 days. ARSCP 5(b)(ii)
3. In some courts, the clerk may make service by certified restricted postal service, render receipt requested. ARS 22-513(A)

A Proof of Service must be filed within 45 days of filing a complaint. If it is not filed in 45 days the merits volition be dismissed.

If the date of commitment was non entered by the postal carrier or if it is not readable, service is deemed complete on the engagement the return receipt is received and filed with the courtroom.

The example must be concluded within 65 days of service or information technology will exist dismissed.

What if I want to hire a lawyer or determine to seek more than $iii,500?

Either the plaintiff or the defendant can request that the example be moved out of modest claims and into the ceremonious division. You would practice this by requesting a transfer at to the lowest degree 10 days before the scheduled hearing date. ARS 22-504(A) and

ARSCP 11(a)

If you are the plaintiff and do not want the case to be moved out of small claims, you lot tin file a voluntary dismissal if the following stipulations are met:

• The defendant did non file an answer or counterclaim , and
• It has non been more than 15 days since the transfer request was made.

What is a counterclaim and what do I need to know before filing one?

A Counterclaim says that the plaintiff did or owes something to the defendant.  The Counterclaim can be about the consequence the plaintiff brought to court or a different event. A Counterclaim:

• Must be filed within xx days of being served;
• Cannot claim an laurels of more $3,500 or else information technology has to be transfered out of small claims; and
• Cannot be amended. ARSCP 9(a-c)

What if we settle the thing before the hearing date?

If you lot settle the lawsuit before the hearing date, the plaintiff must tell the court past filing a detect of settlement. ARSCP iv(d)

What exercise I demand to know about my modest claims hearing?

• Yous will be notified by the clerk of the court as to the date, fourth dimension, and location of the hearing within sixty days of the defendant filing an answer. ARSCP 8 and  ARS § 22-515(A)-(B)

• Small-scale claims hearings are conducted by a Justice of the Peace or a hearing officer. The formal rules of procedure, pleading , or show do not use (except for priviledged communications). ARS 22-516(A) If you want a Justice of the Peace and not a hearing officeholder, you must brand that Objection at to the lowest degree 15 days in advance.

• If the date the clerk issues does not work with your schedule, you lot have to Request a rescheduling xv days in advance. Your request can be denied if you do not have a valid reason, do not provide documentation for the asking, or if it has already been delayed.  Emergency requests are possible at any time, but you take to accept a very good reason for not filing in the timeframe given. ARSCP 12(b)

What do I demand to know nigh evidence and testimony before a hearing?

Formal rules of evidence do not apply in small claims cases. ARS § 22-516(A) and ARSCP 12(e) The official hearing the affair will consider testimony from both sides, witnesses, documents, and decide the claims and any counterclaims presented. They may as well enquire questions and let the plaintiff and defendant to ask questions of i another and witnesses. ARSCP 12(e) Be aware that:

• There is no formal discovery proceeding in small claims courtroom; ARS § 22-516(B)
• Any evidence that is deemed relevant, material, and competent may be admitted; ARS § 22-516(A)
• If the Justice of the Peace or hearing officer thinks that the bear witness does non come from a reliable source, will crusade confusion, creates unfair prejudice, or is a waste material of time it is likely that information technology will non be admitted. ARSCP 12(e)

What happens if someone does not announced for the hearing?

The plaintiff and defendant are both required to appear at the hearing.

• If the defendant does not show, the court will consider the testify and may laurels the judgment to the plaintiff.
• If the plaintiff does not prove, the court may dismiss the lawsuit.
• If no one appears, the court volition dismiss the complaint and counterclaims without prejudice. ARSCP 12(c)(1)-(3)

When should nosotros look to get receive a judgment on our small claims case?

A judgment is the written courtroom lodge deciding the outcome of a case; it is legally bounden and cannot be appealed. ARSCP 15(a)

• The Justice of the Peace or hearing officer has the option of giving their judgment at the end of the hearing or within 10 days later on it ended. ARS § 22-520(A)
• After the judgment is entered, the court has 5 days to mail a copy of the judgment to everyone. ARS § 22-520(B)
• When money is owed, it must exist paid immediately afterwards the judgment is rendered. ARS § 22-520(D)

The side that had judgment ruled in their favor has 30 days to file a satisfaction of judgment if information technology has been paid in total.

• If the amount has not been paid in full the affair may be moved out of small claims courtroom and placed in justice courtroom where further action would be conducted.
• If yous are unable to locate the other individual to make a payment or satisfy the judgment, you lot tin can file a motion to compel satisfaction of the judgment. If the courtroom grants your movement, the judgment is satisfied.

What does it hateful to have a judgment vacated ?

A vacated judgment cancels or voids the court gild. For Motions to Vacate a small claims judgment, attorneys may exist involved in the proceedings. If a judgment is rendered, the court may save either the plaintiff or defendant from the judgment for one of the post-obit reasons:

1. there was a mistake, oversight, omission, surprise, or excusable neglect;
2. fraud, misrepresentation, or other misconduct;
3. the judgment is void;
4. the judgment has been satisfied, released, or discharged; applying the judgment is no longer equitable; or it is based on an before judgment that was reversed or vacated;
5. any other justifiable reasons. ARSCP 16(a)

If your matter qualifies, a Motion to Vacate has to be filed with the courtroom. The reason y'all give for filing a movement will modify the corporeality of time you lot have to file. For instance, if there was either a mistake or fraud, you accept 6 months from when the judgment was entered to file. ARSCP 16(b)

Once the Motion to Vacate is filed, information technology has to be delivered to the opposing side on the same day. They then have 15 days to file a written response and must deliver a copy to the person who filed the move on the day the response was filed. ARSCP 16(c)

Arizona Small Claim Forms

Minor Claim Criteria

Small Claim FAQ

Justice Court Locations

Legal Aid Options

The data offered on this site is fabricated available as a public service and is not intended to take the identify of legal advice. If you do non empathize something, accept problem filling out any of the forms, or are not sure these forms and instructions utilize to your state of affairs, run across an attorney for assist. Consult a state Law Library or the Legal Aid Resources page for data on free or reduced cost legal aid for more data.

Non all forms may be accustomed in all Arizona courts – you lot should contact the clerk of the courtroom in which you volition be filing to confirm the utilise of a detail form, decide whether any additional forms are required and verify the filing fees. The Arizona Bar Foundation assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents.

Source: https://azcourthelp.org/browse-by-topic/small-claims

Posted by: leepergrals1996.blogspot.com

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