Small Claims Court in Pima County

In Pima County, AZ small claims cases are typically filed in the Justive of Peace Court. Pima County has four Justice of Peace 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 Pima Court System.

Small Claims Court

At Pima County, Arizona; you can file a case in Small Claims Court if the amount you're seeking is $3,500 or less, not including court fees. Usually, people handle these cases without lawyers, and the process is quick and low-cost. There is no jury for small claims cases, and the decision made by the hearing officer is final and cannot be appealed. Note that if you believe you deserve more than $3,500 in damages but choose to file in Small Claims Court, you waive your right to claim any amount over $3,500 in the future.

Cases Handled

The Court can only handle certain types of cases. Common issues that qualify for small claims include:

• Breach of a written or oral contract
• Return of a down payment
• Damage to or loss of property
• Consumer complaints about defective products or poor workmanship
• Collection of payment for completed work
• Claims involving bad checks
• Claims for unpaid rent or security deposits

Cases That Cannot Be Filed in Small Claims Court

• Seeking injunctive relief
• Actions for specific performance
• Claims of defamation, libel, or slander
• Actions brought or defended on behalf of a class
• Requests for or involvement of prejudgment remedies
• Forcible entry, forcible detainer, or unlawful detainer (eviction)
• Actions against the state, its officers, or employees of any city, county, or other political subdivision in their official capacity and related damages

Venue

If a complaint is filed in the wrong precinct, the defendant can request a change of venue by filing a Motion for Change of Venue, which is available from the court. The plaintiff can object to this request. If the court approves the change, the case will be moved to the correct precinct, and the plaintiff will be responsible for all associated fees. The defendant must file the motion before submitting an ANSWER. If the defendant does not request a change of venue in time, they lose the right to do so.

Filling a Claim

Obtain Complaint Form

You can get a Summons/Complaint/Answer form from the Pima County Consolidated Justice Court located at 160 N Stone Avenue, Tucson, Arizona, or from our public website at Pima County Justice Court - JP 118.

Complete the Header Portion of the Form

1. Plaintiff:
   • Fill out your name, address, and phone number.
   • Fill out the defendant's name, address, and phone number. Ensure you correctly identify the defendant, who may be an individual, landlord, corporation, or business.
2. Individuals:
   • If suing someone who is married, you must also name their spouse due to Arizona's community property law. Most property and income acquired during marriage belongs equally to both spouses.
   • If unsure of the spouse’s name or marital status, use "Jane Doe" or "John Doe" alongside the primary defendant's last name.
   • Failing to name the spouse means you cannot garnish their wages or collect your judgment from community assets if you win.
3. Landlords:
   • If suing a landlord, the defendant is the individual or corporation listed on the lease.
   • To find the property owner’s name and address, contact the County Assessor's office at 520-724-8636 or online.
4. Corporations:
   • The corporation is the defendant, but the complaint is served to the statutory agent.
   • Find the statutory agent's name and address by calling the Arizona Corporation Commission at 520-628-6560, located at 400 W Congress, Suite 221, Tucson, Arizona.
   • Every corporation authorized to do business in Arizona must appoint a statutory agent authorized to accept service of lawsuits on behalf of the corporation.
5. Businesses:
   • To find out who holds the license and owns the business, visit the City of Tucson Business License Office at City Hall, 255 W Alameda, first floor, Tucson, Arizona.

Complete "Plaintiff's Claim"

• Amount: Record the exact amount you are suing the defendant for.
• Reason: Clearly state the reason for your lawsuit, detailing the basis of your claim against the defendant.

Certificate of Service of Mailing by Plaintiff

1. Fill in the blanks with the required information, including:
   • Your name (Plaintiff)
   • Defendant's name
   • Date of mailing
   • Address where the documents were mailed
2. Sign the form where indicated to certify that you have mailed the necessary documents to the defendant. Make sure all the information is accurate and complete before signing.

Where to File and Cost

1. Where to File: You can file your complaint at the Ajo Justice Court.
2. Filing Fee: There is a $34 filing fee, payable by cash, personal check, cashier's check, Visa, or MasterCard.
3. Case Number Assignment: The clerk will assign a case number and complete the portion of the form titled "Notice and Summons".

Serve the Defendant

1. Service Requirement: You must serve the complaint to the defendant. If there are multiple defendants, serve each with a separate copy of the summons and complaint. Serve the original to one defendant and make copies for the others.
2. Mailing: The easiest method is to mail the complaint via certified mail with return receipt requested and restricted delivery. The defendant must sign a green postcard, which you must file with the court.
3. Alternative Service: If the defendant does not sign for the mail, use a process server or constable. Costs may be added to your judgment if you win.
4. Unclaimed Mail: If the mail is returned as unclaimed, take it to the court to get a replacement summons for service.

After Service

1. Response Time: The defendant has twenty days to respond. If served by mail, the period starts when the defendant signs the postcard. File the postcard with the court if the date is missing.
2. Hearing Date: The court will set a hearing date within sixty days of the defendant's response. If the defendant files a counterclaim, you must respond within twenty days.
3. Default Judgment: If the defendant does not respond, you can file for a default judgment after the 21st day. The fee is $25. Mail the form to the defendant; if they don’t respond within ten business days, the court will likely enter a default judgment.
4. Settlement: You can settle the case outside of court up until the hearing date. File a dismissal form with the court if you reach an agreement. If the defendant has answered, they must also sign the dismissal form.

Defendant

1. Responding to the Complaint:
   • Timeline: You have 20 calendar days to file your answer with the Court after being served. If served by certified mail, the 20 days start when you sign the green postcard. If the postcard’s date is missing or unclear, the period starts when the plaintiff files the return receipt with the court.
   • Form: Complete the form with your response: “I do not owe the plaintiff because: ___________.” Sign, date the form, and fill out the Certificate of Service section.
2. File Your Answer:
   • Submission: File your answer with the Green Valley Justice Court and pay the required filing fee. Failure to do so within 20 days may lead the plaintiff to seek a default judgment.
3. File a Counterclaim (if applicable):
   • Counterclaim: If you have a claim for money against the plaintiff, file a counterclaim along with your answer. Counterclaim forms are available at the court and filing is free. Specify the amount the plaintiff owes you and the reason.
   • Date of Mailing: Write the date of mailing on the last page of both your answer and counterclaim.

Court Day

• Hearing Schedule: Your case will be set for a hearing within sixty days after the defendant files an answer. You’ll receive a notice with the date and time of your hearing.
• Attendance: Arrive on time for your hearing. If you are late, the case may proceed without you. Bring all witnesses and evidence needed to support your claim, as you cannot provide additional information after the hearing.
• Decision: The judge or hearing officer may make a decision at the hearing or take the case under advisement. If the case is taken under advisement, the judgment will be mailed to both parties within ten business days. The decision is final and cannot be appealed.

Prepare for Your Hearing

1. Timeline: Create a timeline of the facts supporting your case.
2. Know the Law: Understand the law that supports your position and how your facts meet the legal requirements.
3. Documents: Prepare three sets of documents you want to introduce—one for yourself, one for the judge, and one for the opposing party. Ensure documents are organized in the order you plan to present them. This could include bills, receipts, letters, police reports, contracts, checks, damage estimates, or deeds.
4. Witnesses: Confirm that any witnesses will be available to attend. If witnesses refuse to attend voluntarily, you can request the clerk to issue a subpoena, which should be done two to three weeks before the court date.

Order of Hearing

1. Plaintiff’s Presentation: The plaintiff presents their case first and must prove their claim by a "preponderance of the evidence"—meaning it is more likely than not that their claim is true. The plaintiff can call witnesses and present evidence, which the defendant can cross-examine.
2. Defendant’s Presentation: After the plaintiff has finished, the defendant can present their case, call witnesses, and introduce evidence.

Preparation Tips:

• Introduce Yourself: Briefly introduce yourself to the judge and summarize your case in one or two sentences.
• Practice: Rehearse what you plan to say before your court appearance.
• Be Clear: State the facts clearly and concisely.
• Dress Appropriately: Dress conservatively to show respect for the court. You don’t need a suit, but avoid distracting clothing.
• Address Properly: Refer to the judge or hearing officer as "Your Honor" and address your opponent and witnesses by their last names (e.g., "Mr. Johnson," "Ms. Flores").

Collecting the Judgment

If the court rules in your favor and awards you monetary compensation, you are responsible for collecting the judgment.

Key Terms:

• Creditor: The person awarded the judgment.
• Judgment Debtor: The individual required to pay the judgment.
• Debtor's Examination: A hearing to determine the debtor's assets.
• Garnishment: A legal process to collect money from the debtor’s employer or financial institution.
• Garnishee: The employer or financial institution required to withhold earnings or financial assets in a garnishment.
• Writ of Execution: A court order allowing the seizure of the debtor’s property to be sold to satisfy the judgment.

Process for Recording the Judgment

1. Request a Transcript of Judgment: Obtain a Transcript of Judgment from the Justice Court and pay the required filing fee.
2. File with Superior Court: File the Transcript of Judgment with the Superior Court clerk. An additional filing fee may apply; contact the Clerk of the Superior Court at 724-3200 for fee details.
3. Record with County Recorder: Take the certified copy of the judgment to the County Recorder's Office to record it. An additional fee may apply; contact the County Recorder's Office at 623-3177 for fee information.

The Debtor's Examination

• Purpose: A Debtor’s Examination records the debtor's assets and liabilities, including money, property, corporate shares, loans, and support payments. This information helps determine which assets can be used to settle the judgment.
• Exempt Property: Some assets are exempt, such as home equity, essential household goods, and up to $1,500 in a vehicle’s equity. A full list of exemptions is available in the Arizona Revised Statutes, Sections 33-1121 through 33-1133. These statutes can be accessed online or at the Pima County Public Library.
• Requesting an Examination: A hearing officer may order a debtor’s exam at the time of the decision. If the decision is sent by mail, you can return to the justice court to file a request for a Debtor’s Examination. Note that you may need to pay a $25 fee for the required subpoena.

Collection Methods

1. Writ of Garnishment:
   • Description: This method involves garnishing the debtor's wages or bank accounts. A written notice is served to the debtor and their employer or financial institution.
   • Limits: Generally 15-25% of the debtor’s earnings can be garnished. The first $150 of bank account funds cannot be garnished.
   • Compliance: Employers or financial institutions can be summoned before a judge if they fail to comply.
2. Writ of Execution:
   • Description: This process involves the Constable seizing and selling the debtor’s property to satisfy the judgment.
3. Motor Vehicle Division - Lien:
   • Description: If your judgment is related to a motor vehicle accident and remains unpaid after 60 days, you can notify the Motor Vehicle Division (MVD) to suspend the defendant’s driver’s license until the judgment is paid.
   • Required Documents: Submit a police report, a certified copy of the judgment, and a Notice of Non-Satisfaction of Judgment to the court, along with a filing fee. The court will then notify the MVD and provide them with the necessary documentation.

Collect Judgment

Notify the Court After You Collect the Judgment

1. File Satisfaction of Judgment: After collecting the full amount of the judgment, file a Satisfaction of Judgment form with the Court.
2. Recorder's Office: If the judgment was recorded in the Recorder's Office, also file a copy of the Satisfaction of Judgment with them to update the record.

Let Squabble Help You With Your Small Claim at Pima 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 Pima 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. Pima County Consolidated Justice Court

   240 N Stone Avenue
   Tucson, AZ 85701
   (520) 724-3171
   https://www.jp.pima.gov/

   BUILDING HOURS

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

2. Green Valley Justice Court

   601 N La Cañada Drive
   Green Valley, AZ 85614
   (520) 222-0200
   https://www.pima.gov/876/Justice-Court-Green-Valley

   BUILDING HOURS

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

3. Ajo Justice Court

   101 W. Ajo Way
   Ajo, AZ 85321
   (520) 387-7684
   https://www.pima.gov/1804/Justice-Court-Ajo

   BUILDING HOURS

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

4. South Tucson City Court

   1601 S 6th Avenue
   Tucson, AZ 85713
   (520) 917-1568
   https://www.southtucsonaz.gov/citycourt

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.