Small Claims Court in Mohave County

In Mohave County, AZ small claims cases are typically filed in the Justice Court. Mohave County has four Justice Courthouses that handle 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 Mohave Court System.

Small Claims Court

Mohave County, Arizona; small claims court can be used by an individual, partnership, association, or corporation and your claim is for $3,500 or less. The process is designed to be straightforward, so you can handle the paperwork and represent yourself during an informal hearing. Lawyers are usually not allowed unless everyone involved agrees to have them participate.

A judge or hearing officer will listen to the case and make a decision. That decision is final and binding for both sides—there’s no jury trial or appeal in small claims cases. The formal rules of procedure don’t apply, which helps keep things simple.

If you don’t want your case handled in small claims court, you can request to move it to a regular civil court. You’ll need to make this request in writing at least 10 business days before your hearing date. If the case is transferred, regular civil court rules will apply, allowing claims over $3,500, attorney representation, jury trials, and appeals. However, there’s a fee for requesting the transfer.

Justice Court clerks are there to help with questions about things like jurisdiction, where to file, or what forms to use. However, they’re not allowed to give legal advice or act as your lawyer.

Cases Handled

What Small Claims Court Can Handle

Small claims court is designed for specific types of disputes. Some of the most common cases include:

• Breach of contract (written or verbal)
• Return of a down payment you’re owed
• Property damage or loss
• Consumer complaints, like issues with faulty products or poor workmanship
• Unpaid work (collection of payment for services you’ve completed)
• Claims for bad checks
• Unpaid rent or security deposit disputes

What Small Claims Court Cannot Handle

Some cases are beyond the scope of small claims court, including:

• Requests for injunctive relief (asking someone to stop or start doing something)
• Specific performance cases (forcing someone to fulfill a contract)
• Defamation claims, like libel or slander
• Class action lawsuits
• Cases involving prejudgment remedies (seizing property before a court decision)
• Eviction actions, such as forcible entry or unlawful detainer
• Lawsuits against government entities, including the state, cities, counties, or their officials, for damages related to their official duties

If your case falls into one of these restricted categories, you’ll need to file it in a different court that handles such matters.

Statutes of Limitation

• 1 Year
  • Malicious prosecution
  • False imprisonment
  • Libel or slander
  • Breach of employment contract
  • Wrongful termination
  • Liability created by statute
• 2 Years
  • Personal injury
  • Injury resulting in death
  • Damage to property
  • Conversion of property (wrongfully taking someone’s property)
  • Product liability (faulty products)
  • Forcible entry or forcible detainer (property disputes)
• 3 Years
  • Debt from an oral agreement
  • Stated or open accounts (e.g., unpaid invoices)
  • Fraud or mistake (seeking relief)
• 4 Years
  • Bond to transfer real estate
  • Partnership accounts
  • Accounts between merchants
  • Judgments or agreements made outside Arizona
  • Bonds of personal representatives or guardians
  • Contracts to transfer real estate (specific performance)
  • Any case without a specific time limit (other than cases about recovering real property)
• 6 Years
  • Debts from written contracts
• Important: In some special situations, these time limits can be extended or paused.

Venue

• What is Venue?

  • Venue refers to the right location for filing a lawsuit, usually based on where the events happened or where one of the parties lives or does business.

• What Happens if the Venue is Wrong?

  • If a lawsuit is filed in the wrong justice court, the defendant can ask to move it to the correct location by filing a motion to change the venue.

• Steps After the Motion is Filed:

  1. Plaintiff’s Response:
     • The plaintiff has 10 days to respond to the motion.
  2. Court’s Decision:
     • If the court approves the motion, the case will be transferred to the correct precinct.
  3. Attendance Requirement:
     • Until you get official notice that the motion has been granted, everyone must attend any scheduled court dates in the original court.

• How to Determine the Proper Venue:

  • To find the right venue for your case, check Arizona law (A.R.S. § 22-202). This law outlines where you should file based on the case’s details.

  • If a complaint is filed in the wrong precinct, the defendant can ask to move the case to the correct one. To do this, they must submit a Motion for Change of Venue, which they can get from the court. The plaintiff has the right to argue against this request.

  • If the court agrees to the change, the case will be transferred to the proper precinct, and the plaintiff will need to cover all related fees. However, the defendant has to file this motion before responding to the complaint. If they miss the deadline, they lose the right to request the change.

Start a Small Claims Lawsuit

1. File a Complaint
   • Start by submitting a small claims complaint that clearly explains why you’re suing the defendant. Keep it simple and to the point.
2. Use Correct Names
   • Make sure you use your legal name and the correct legal name of the defendant. This is important because names cannot be changed after the complaint is filed.
3. Check Jurisdiction
   • File your complaint in the justice court precinct where the defendant lives or where the law allows (as outlined in Arizona law, A.R.S. § 22-202).
4. Get a Summons
   • Once you file your complaint, the court clerk will give you a summons. This document tells the defendant they need to respond to your claim.
5. Serve the Defendant
   • Deliver the summons, complaint, and a Notice to Plaintiff and Defendant to the defendant. You can do this by:
     • Certified or registered mail (with a return receipt), or
     • Using a constable, sheriff, or process server to hand-deliver the documents.
6. File Proof of Service
   • After serving the defendant, you must file proof of service with the court within 45 days of filing your complaint. If you don’t, the court will dismiss your case.
7. Voluntary Dismissal
   • If you decide not to move forward with the case, you can file a Notice of Voluntary Dismissal, as long as the defendant hasn’t already filed an answer or a counterclaim.

Serve the Defendant

(a) When to Serve the Defendant

• You must serve each defendant and file proof of service with the court within 45 days of filing the complaint.
• If you don’t meet this deadline, the case will be moved out of the small claims division.
• The court will dismiss the complaint against any defendant you didn’t serve on time. However, this dismissal will be without prejudice, meaning you can refile the case later if you want.

(b) How to Serve the Defendant You can serve the defendant using one of these methods:

1. Registered or Certified Mail
   • Send the complaint, summons, and Notice to Plaintiff and Defendant by registered or certified mail with a return receipt requested.
   • Once the defendant receives the mail, you’ll get a return receipt (a card or a printout from the postal service’s website). File this with the court within 45 days of filing your complaint to prove service.
2. Personal Service
   • Hire a constable, sheriff, or private process server to deliver the documents to the defendant in person.
   • After service is complete, an affidavit of service must be filed with the court within 45 days of filing your complaint.

(c) Court's Notice to the Parties

• After the court receives proof of service, it will mail a notice to you and any defendant who has responded to the case.
• This notice will state that the case may be dismissed 65 days after the defendant is served unless:
  • A hearing is scheduled, or
  • You apply for a default judgment as explained in Rule 140 of the Justice Court Rules of Civil Procedure.

Respond to a Claim

How to Respond to a Small Claims Complaint

1. File a Written Answer
   • You have 20 days from the date you’re served to file a written answer to the complaint.
   • You can find the answer form on the Arizona courts website at www.azcourts.gov or pick one up at the courthouse.
2. Consequences of Not Responding
   • If you don’t file an answer within the 20-day deadline, the court may rule in favor of the plaintiff by default, meaning they automatically win the case.
3. Hearing Date
   • Once you file your answer, the court will schedule a hearing within 60 days.
   • You and the plaintiff must attend the hearing on the scheduled date.
4. Default Proceedings
   • If you miss the 20-day deadline to file an answer, the plaintiff will need to start default proceedings to request a judgment in their favor.
   • These proceedings follow Rule 140 of the Arizona Rules of Justice Court Procedure.

Counterclaim

If you believe the plaintiff owes you something, you have the option to file a counterclaim against them. Here are the key points to keep in mind:

• Filing Deadline: You must file the counterclaim within 20 days of being served with the complaint.
• Related Events: The counterclaim can be about the same incident mentioned in the plaintiff’s complaint or a different matter entirely.
• Amount Limit: If your counterclaim exceeds $3,500, the case will be transferred out of the small claims division to a higher court.

Filing Cost

Fee Schedule by Court Type

• Justice Court
  • Complaint or Petition (A.R.S. 12-284A): $106.00
  • Eviction Actions: $51.00
  • Answer or Initial Appearance (A.R.S. 12-284A): $67.00
  • Change of Venue for Jurisdiction (12-404): $135.00
  • Transcript of Judgment (A.R.S. 12-284E): $50.00
  • Small Claims Complaint: $40.00
  • Small Claims Complaint – Defendant Answer: $28.00
  • Small Claims Service by Mail: Cost varies—contact the court.
  • Transfer Small Claim to Civil Case: $33.00
  • Counterclaim: $33.00
  • Petition for Injunction/Harassment in Workplace (A.R.S. 12-1810D): $73.00

Additional Notes

• Change of Venue for Jurisdiction (Plaintiff/Petitioner Pays Fee, A.R.S. 12-404): $33.00 in Municipal Court.
• Fees may vary slightly depending on local rules or administrative costs.

Prepare for your Hearing

How to Prepare for Your Hearing

1. Organize Your Case:
   • Write down the events in the order they happened. This will help you stay focused and present your argument clearly during the hearing.
2. Gather Evidence:
   • Collect any documents or items that support your case, such as receipts, bills, price quotes, photos of damages, or contracts. The more relevant proof you have, the stronger your case.
3. Prepare Your Witnesses:
   • If there are people who can help support your side of the case, ask them to attend the hearing and be ready to testify.
4. Review the Counterclaim: -If the defendant has filed a counterclaim against you, be prepared to respond. Bring any evidence you have that challenges or disproves their claim.

At the hearing, both you and the defendant will have a chance to share your side of the story, present evidence, and call witnesses. The judge will make a decision based on what’s presented in court.

Settlement

If both parties come to an agreement before the scheduled hearing, the plaintiff must notify the court by filing a Notice of Settlement. This document informs the court that the case has been resolved, and as a result, the hearing will no longer be needed.

Dismiss the Case

If both parties agree to dismiss the lawsuit, they can file an Agreement to Dismiss. This document must be signed by everyone who has appeared in the case, including the plaintiff, defendant, and any attorneys involved. Once filed, the lawsuit will be officially dismissed, and any claims or counterclaims will be resolved.

Hearing

At the Hearing:

• Be On Time: Both parties must arrive at the hearing on time. You’ll have the chance to present your case, testify, and provide any witnesses or evidence.
• Addressing the Counterclaim: If there is a counterclaim, it will be discussed during the hearing.
• Judge’s Decision: After reviewing everything, the judge or hearing officer will issue a judgment, which is a final written order resolving the case. While the judgment is usually announced at the hearing, the judge or hearing officer has up to 10 days to review the case and mail the decision to both parties.

If You Do Not Appear at the Hearing:

• If Neither Party Shows Up: The court will dismiss the complaint and any counterclaims.

• If the Defendant Fails to Appear: The judge or hearing officer may hear the plaintiff’s side and possibly rule in their favor, entering a judgment against the defendant.

• If the Plaintiff Fails to Appear: The court might dismiss the case or rule in favor of the defendant.

• Important Note: Final Decision: The court’s decision is final and binding for both parties. You cannot appeal it, and no jury trials are allowed in small claims court.

Appeal

In small claims court, neither party has the right to appeal the judge’s decision. However, if one party believes that the judgment was made in error or if there was a valid reason why someone could not attend the hearing, that party may file a Motion to Vacate Judgment. This motion asks the court to set aside the judgment and potentially reopen the case. The court will review the motion and notify both parties of its decision. If you believe a judgment was made unfairly or if you missed the hearing for a valid reason, this motion could be an option.

Judgment

Once the case is decided, the court will issue a judgment. The Judgment Creditor is the party who wins the judgment, either on the original claim or on a counterclaim. The Judgment Debtor is the party who owes the judgment.

Collecting the Judgment

1. Debtor’s Examination:
   • To find out about the Judgment Debtor's assets (like employment or bank accounts), the plaintiff can ask the court for a Debtor's Examination. This is a court-ordered proceeding where the debtor must provide information about their assets. There are additional fees for this process, which is officially known as an Order for Supplemental Proceedings.
2. Writ of Garnishment:
   • After requesting payment in writing, the plaintiff can ask for a Writ of Garnishment. This legal order can garnish the debtor’s wages (earnings) or other assets, like a bank account or property.
   • A Writ of Garnishment can apply to earnings or non-earnings property.
3. Writ of Execution:
   • A Writ of Execution allows the Constable to seize non-exempt personal property of value. The plaintiff must provide details about the property and where it’s located.

• Important Notes
  • Fees: There are additonal fees to issue and serve both Writs of Garnishment and Writs of Execution.
  • Reporting Non-Payment: If a judgment is related to an automobile accident and remains unpaid for 60 days, the plaintiff can notify the court. The Arizona Department of Transportation (MVD) will then suspend the debtor’s driver's license, vehicle registration, and non-resident operating privileges.
• Satisfaction of Judgment: Once the judgment is fully paid, the Judgment Creditor must file a Satisfaction of Judgment with the court to officially close the case. This form is available at the court.

Let Squabble Help You With Your Small Claim at Mohave County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Mohave County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

1. Bullhead City Justice Court

2225 Trane Road
Bullhead City, Arizona 86442
(928)758-0709
https://www.mohavecourts.com/court-departments/justice-courts/bullhead-city-justice-court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.

2. Kingman/Cerbat Justice Court

P.O. Box 29
524 West Beale Street
Kingman, AZ 86402
(928) 753-0710
https://www.mohavecourts.com/kingmancerbat-justice-court

BUILDING HOURS

• Monday - Wednesday 9:00 a.m. to 2:30 p.m., Tuesday 10:00 a.m. - 2:00 p.m., Thursday 8:30 a.m. - 2:30 p.m., and Friday 9:00 a.m. - 1:30 p.m.; except court holidays.

3. Lake Havasu Justice Court

2001 College Drive, Suite 148
Lake Havasu City, AZ 86403
(928) 453-0705
https://www.mohavecourts.com/court-departments/justice-courts/lake-havasu-justice-court

BUILDING HOURS

• Monday - Friday 8:30 a.m. - 4:30 p.m., except court holidays.

4. North Canyon Justice Court

2100 S Hwy 389/ PO Box 3160/ Colorado City AZ, 86021/ (928) 875-8700/ https://www.mohavecourts.com/court-departments/justice-courts/north-canyon-justice-court

BUILDING HOURS

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

CITIES SERVED

• Lake Havasu City
• Bullhead
• Kingman
• Fort Mohave
• New Kingman-Butler
• Golden Valley
• Colorado City
• Valle Vista
• Mohave Valley
• Desert Hills
• Beaver Dam
• Scenic
• Meadview
• Peach Springs
• Centennial Park
• Dolan Springs
• Willow Valley
• Walnut Creek
• Arizona Village
• Golden Shores
• Mesquite Creek
• So-Hi
• Hackberry
• Lazy Y U
• Chloride
• Crystal Beach
• White Hills
• Cane Beds
• Pinion Pines
• Katherine
• Antares
• Oatman
• Clacks Canyon
• Pine Lake
• Yucca
• Valentine
• Mojave Ranch Estates
• Littlefield
• Wikieup