Small Claims (Summons & Complaint) Forms - Maricopa County Justice Courts, Arizona Page 4
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12METHODS OF SERVICE In addition to any other available methods of service ARCP Rule 4, the plaintiff may serve the summons and
complaint by certified, restricted mail with a return receipt. Service is deemed complete upon the delivery of the mailing to the defendant and
signed by the defendant (as evidenced on the return receipt filed with the court).
Each named defendant must be served a copy of the COMPLAINT and SUMMONS. To ensure the named party defendant signs the
return receipt, restricted delivery should be used.
If the postal service does not enter a date of delivery or the date is not legible, service is deemed complete on the date the return receipt is filed
with the court. The plaintiff may file the return receipt (the green card) with the court in person or by first class mail.
If the defendant refuses to accept the mailing, or a person other than the named defendant signs for the registered or certified mailing, then
service has NOT been properly accomplished.
If the defendant cannot be served by registered or certified mail, personal service by a licensed process server must be used.
If the claim is against a corporation, the statutory agent, or an officer of the corporation must be served on behalf of the corporation named in the
complaint. You may obtain the name and address of a statutory agent or corporate officer by calling the Arizona Corporation Commission
602-542-3026 or 1-800-345-5819.
YOU HAVE 120 DAYS TO SERVE THE SUMMONS AND COMPLAINT OR YOUR CASE IS SUBJECT TO DISMISSAL ARCP 4(i)
SERVICE AFTER APPEARANCE A copy of all pleadings filed with the court must be mailed or delivered to the opposing party.
IT IS IMPORTANT THAT ALL PARTIES KEEP THE COURT APPRISED OF ANY CHANGE IN ADDRESS A NOTICE OF CHANGE OF
ADDRESS form is available at the court and must be filed with the court when a party changes their address.
DEFAULT If the defendant does not file an answer to the complaint within twenty (20) days after service is complete, the plaintiff may apply for
an entry of default against the defendant. If a counterclaim has been filed and the plaintiff fails to file a reply to the counterclaim within the time
allowed, the counter-claimant (defendant) may apply for an entry of default against the counter-defendant (plaintiff) on the counterclaim. The
party seeking the default must mail a copy of the APPLICATION FOR ENTRY OF DEFAULT form to the defaulting party. If the party claimed to
be in default fails to file an answer or pleading or otherwise defend in the lawsuit within ten (10) judicial days of the filing of the application, the
plaintiff may then file the request for entry of default judgment and form of judgment.
DISMISSAL The plaintiff may dismiss the claim at any time prior to defendant filing an answer or other pleading. Once the defendant has filed
an answer both parties must stipulate to a dismissal (agree in writing).
FILING AN ANSWER The defendant has twenty calendar days to file an answer to the complaint with the court and pay the answer fee. The
answer should respond to each allegation of the complaint. The case will then be set for a hearing. Failure to file an answer will result in a
default judgment. ARS 22-514 An application for waiver/deferral may be filed if applicable.
FILING A COUNTERCLAIM A counterclaim is a claim made by the defendant against the plaintiff (a counter lawsuit within a lawsuit). A
counterclaim may be filed at the same time the answer is filed. If the defendant files a counterclaim, the plaintiff has twenty (20) days to file an
answer. A default judgment may be entered against the plaintiff for failure to answer the counterclaim. If the defendant files a counterclaim and
the amount claimed exceeds $3,500.00, the court shall transfer the case to the civil division. If the court determines that the amount of the
counterclaim in excess of the small claims jurisdiction was filed for the sole purpose of avoiding the small claims proceedings, the court may
award the plaintiff court costs, plus reasonable attorney fees for defending the counterclaim. ARS 22-517
MOTIONS Only two motions are allowed in the small claims division: a Motion for Change of Venue (filed before an Answer) and a Motion to
Vacate Judgment (filed after a judgment). ARS 22-505
HEARING OFFICERS Either a Justice of the Peace or an appointed Volunteer Hearing Officer may hear your case. Any party may object to the
use of a hearing officer prior to the hearing date. The court can provide you with a form to make this objection. The case will then be referred to
and heard by the Justice of the Peace. ARS 22-506
SETTING FOR HEARING The trial will be set for a date within sixty (60) days after the answer has been filed with the court. All parties will be
notified by mail of the date and time of the hearing. ARS 22-515A
REQUEST TO CONTINUE COURT DATE If for some reason you find that you are unable to appear for trial on the date and time scheduled,
you may file a REQUEST FOR CONTINUANCE with the court, showing good cause why you are unable to appear. The Judge will consider the
merits of your request and either grant or deny it. Continuances are granted only for the most serious reasons. The request for continuance must
be in writing and should be timely filed, at least ten (10) days prior to the trial date. ARS 22-515C
THE HEARING: YOU CANNOT HAVE YOUR SMALL CLAIMS CASE HEARD BEFORE A JURY. ARS 22-518
Bring to the trial anything necessary or relevant to establish or defend the claim or counterclaim. Examples: books, papers, bills, pictures of
damages, or other exhibits. Both parties may also bring witnesses to testify in their behalf to substantiate your position. You will only be allowed
a limited amount of time to present your claim or your defense. Be concise. Be prepared.
If the case is settled before the scheduled trial date, be sure to notify the court. A stipulated DISMISSAL or Judgment form must be
filed. Within ten (10) days after the trial, a copy of the Judgment Order will be mailed to each party.
APPEAL You DO NOT have the right to appeal. The decision of the hearing officer or justice of the peace is final AND BINDING ON BOTH
PARTIES. If you wish to preserve your right to appeal, you may have the case transferred to the civil division of the justice court. You may do
this at any time up to ten (10) days before trial. ARS 22-519
IF YOU ARE AWARDED JUDGMENT The judgment is valid for five years from the date it is entered, if you chose to renew the judgment, the
renewal must be filed within 90 days from the expiration. Refer to the court's handout COLLECTING A MONEY JUDGMENT.
MOTION TO VACATE THE JUDGMENT A motion to vacate a judgment is one of only two motions allowed in a small claims action. A motion to
vacate judgment can be filed by either party to vacate a default judgment or a judgment of the court following a hearing. The motion must be
served on the other party in the same manner as if serving a summons and complaint.
If you oppose a motion to vacate the judgment you must file a response in writing ten days after service of the motion.
If the motion to vacate judgment is the defendant's first filing the defendant must pay a filing fee. The motion must be served in the same manner
as if serving a summons and complaint. ARCP 5(c)2
When paid in full the Judgment creditor must file a SATISFACTION OF JUDGMENT with the court. This form is available from the court. Visit us
at
justicecourts.maricopa.gov
for additional filing information and online forms.
SC 8150-313.02 R: 9/8/16
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