Small Claims Court in Pinal County

In Pinal County, AZ small claims cases are typically filed in the Justice of Peace Court. Pinal County has six 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 Pinal Court System.

Small Claims Court

In Pinal County, Arizona every justice of the peace court has a small claims division designed to offer a quick and affordable way to settle civil disputes under $3,500. These cases are handled more informally than other types of cases, making the process simple enough for individuals to file or respond to a claim without needing a lawyer.

A judge or hearing officer will hear each case and make a final decision, which cannot be appealed or taken to a jury. The rules for small claims cases are outlined in Title 22, Chapter 5 of the Arizona Revised Statutes and the Arizona Rules of Small Claims Procedure.

Cases Handled

The court can only deal with specific types of cases in small claims. Some common issues that qualify 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 work that has been completed
• Claims involving bad checks
• Claims for unpaid rent or security deposits

Cases that Cannot Be Filed in Small Claims

Certain types of cases are not handled by small claims courts. These include:

• Requests for injunctive relief
• Actions seeking specific performance
• Claims of defamation, libel, or slander
• Class action lawsuits
• Cases involving prejudgment remedies
• Eviction actions, including forcible entry, forcible detainer, or unlawful detainer
• Lawsuits against the state, its officers, or employees of any city, county, or other political subdivision in their official capacity, as well as related damages

Venue

If a complaint is filed in the wrong precinct, the defendant has the option to request a change of venue by filing a Motion for Change of Venue, which can be obtained from the court. The plaintiff has the right to object to this request. If the court grants the change, the case will be transferred to the correct precinct, and the plaintiff will be responsible for covering all associated fees. The defendant must file this motion before submitting an ANSWER to the complaint. If the defendant fails to request the change of venue in time, they lose the right to do so.

Filling a Claim

To start a small claims lawsuit, the person filing the lawsuit (the plaintiff) needs to submit a small claims complaint. The complaint should be clear, concise, and state the reasons for the claim against the person being sued (the defendant). It's important to use both your legal name and the defendant’s correct legal name since you won’t be able to change the complaint once it’s filed.

The complaint must be filed in the justice court precinct where the defendant lives, or as allowed by Arizona law (A.R.S. § 22-202). After filing the complaint, the court clerk will issue a summons, which directs the defendant to respond to the complaint. This summons, along with the complaint and a Notice to Plaintiff and Defendant, must be served on the defendant either by registered or certified mail with a “return receipt requested,” or through a constable, sheriff, or process server.

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. If you decide not to pursue the lawsuit, you can dismiss your complaint by filing a Notice of Voluntary Dismissal, as long as the defendant hasn’t filed an answer or a counterclaim yet.

Serve the Defendant

(a) When to Serve the Defendant: The plaintiff must file proof of service on each defendant within 45 days of filing the complaint. If proof of service is not filed on time, the plaintiff must transfer the case out of the small claims division. The court will dismiss the complaint against any defendant for whom proof of service is not timely filed, but this dismissal will be without prejudice.

(b) How to Serve the Defendant: The plaintiff must serve the defendant with the complaint, summons, and Notice to the Plaintiff and Defendant using one of the following methods:

(1) Registered or Certified Mail: The plaintiff can serve the defendant by registered or certified mail with a “return receipt requested.” The return receipt, which can be a card or a printout from the postal service’s website, must be filed with the court within 45 days of the complaint filing date to prove service.

(2) Constable, Sheriff, or Private Process Server: Alternatively, the plaintiff can arrange for personal service by a constable, sheriff, or private process server. An affidavit of service must be filed with the court within 45 days of the complaint filing date.

(c) Court's Notice to the Parties: After receiving proof of service, the court will mail a notice to the plaintiff and any defendant who has appeared in the case. This notice will inform them that the case may be dismissed 65 days after service of process was completed unless a hearing has been scheduled or the plaintiff has applied for a default judgment as described in Rule 140 of the Justice Court Rules of Civil Procedure.

Respond to a Claim

To respond to a small claims complaint, the defendant must file a written answer within 20 days of being served. The answer form can be found on the Arizona courts website at www.azcourts.gov or picked up at the courthouse. If the defendant doesn’t file an answer within the 20-day timeframe, the court may issue a ruling in favor of the plaintiff by default.

Once the defendant files an answer, the court will schedule a hearing date, which will take place within 60 days of the answer being filed. All parties involved are required to attend the hearing on the scheduled date.

If the defendant does not file an answer within 20 days of being served, the plaintiff needs to start default proceedings. This is done following Rule 140 of the Arizona Rules of Justice Court Procedure.

Defendant

If you believe the plaintiff owes you something, you can file a counterclaim against them. You must file the counterclaim within 20 days of being served. The counterclaim can be related to the same event mentioned in the plaintiff’s complaint or a different event. If your counterclaim is for more than $3,500, the case will be transferred out of the small claims division to a higher court.

Venue

Venue refers to the correct location for a lawsuit, typically because it has some connection to the events in question or to one of the parties involved. If a lawsuit is filed in the wrong justice court, the defendant can file a motion to change the venue. The plaintiff then has ten days to respond to this motion.

If the court grants the motion, the case will be transferred to the correct precinct. However, all parties must continue to attend any scheduled court dates until they receive official notice that the motion has been granted. The proper venue for your case can be determined by reviewing Arizona law (A.R.S. § 22-202).

Filing Cost

Here are the filing fees for various services:

• Civil Filing Fee: $93
• Civil Filing Fee (Defendant): $60
• Forcible Detainer and Entry Filing Fee: $55
• Forcible Detainer and Entry Filing Fee (Defendant): $38
• Small Claims Filing Fee: $25
• Small Claims Filing Fee (Defendant): $15
• Document and Transcript Transfer on Appeal: $28
• Certification of Any Documents: $28
• Issuance of Writs: $33
• Filing Any Paper or Performing Any Act for Which a Fee is Not Specifically Prescribed: $28
• Subpoena (Civil): $28
• Research in Locating a Document: $25
• Seal a Court File: $28
• Reopen a Sealed Court File: $28
• Record Duplication: $28
• Small Claims Service by Mail: $8
• *Copies of Any Documents per Page: $0.50
• IAWH (Injunction Against Workplace Harasment): $73
• Copy of Tape/Recording: $28

Prepare for your Hearing

To prepare for your hearing, follow these steps:

1. Organize Your Case: Write down the facts and details of the case in the order the events occurred. This will help you present a clear and organized argument.
2. Gather Evidence: Collect all relevant documents and evidence, such as bills, receipts, price estimates, and pictures of any damage.
3. Prepare Your Witnesses: Arrange for any witnesses who can support your case to attend the hearing.
4. Review the Counterclaim: If there is a counterclaim, be prepared to address it and present your evidence accordingly.

Both parties will have the opportunity to present their testimony and evidence, and the court will make a decision based on the information provided.

Settlement

If the parties reach an agreement before the hearing date, the plaintiff needs to inform the court by filing a Notice of Settlement. This notice indicates that the case has been resolved and that the hearing is no longer 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 all parties who have appeared in the case. Once filed, it will formally end the lawsuit and resolve any claims or counterclaims.

Hearing

At the hearing, both parties must arrive on time and present their case to the judge or hearing officer. This includes testifying and presenting witnesses, testimony, and evidence. If a counterclaim has been filed, it will also be addressed during the hearing.

After reviewing all the information, the judge or hearing officer will issue a judgment, which is a final written order that resolves the claims in the lawsuit. This judgment is binding on all parties involved. While the judgment is often announced at the hearing, the judge or hearing officer has up to ten days to review the case, conduct any necessary research, and notify the parties of the decision by mail.

If I do not appear at the hearing

• If neither party shows up for the hearing, the court will dismiss the complaint and any counterclaims.
• If the defendant fails to appear, the judge or hearing officer may proceed by hearing the plaintiff’s testimony, examining the evidence, and potentially entering a judgment against the defendant.
• If the plaintiff fails to appear, the court might dismiss the lawsuit or grant judgment in favor of the defendant.

Note: The court’s decision in a small claims case is final and binding on all parties. It cannot be appealed. Jury trials are not permitted in small claims cases.

Judgment

(a) Final Signed Judgment: A judgment is a final written order from the court that resolves the claims in the lawsuit and is binding on all parties. It must be signed by a justice of the peace or hearing officer and filed with the court. (b) Rendering and Mailing a Judgment: A judgment may be issued at the end of the hearing or within 10 days afterward. The court must mail a copy of the judgment to all parties within 5 days. Payment of the judgment is due when it is rendered. (c) Correcting a Judgment: The court can correct a judgment on its own or upon request from either party if there are errors such as a misspelled name, incorrect facts, or a miscalculated amount.

Vacant Judgment

(a) Filing a Motion to Vacate Judgment: Any party can file a motion with the court to be relieved from a judgment. Filing the motion does not alter the judgment’s finality or suspend its enforcement. The court may grant relief from a judgment for reasons including:

• (1) Mistake, inadvertence, surprise, or excusable neglect; (2) Fraud, misrepresentation, or misconduct by the opposing party; (3) The judgment is void; (4) The judgment has been satisfied, released, or discharged, is based on a reversed or vacated earlier judgment, or applying it prospectively is no longer equitable; (5) Any other reason justifying relief.

(b) Timing: A motion to vacate must be filed within a reasonable time. For reasons (1) and (2), it must be filed no later than 6 months after the judgment was entered or the date of the proceeding, whichever is later.

(c) Providing the Motion to the Other Party and Time for Response: The moving party must give a copy of the motion to the other party on the date it is filed. The other party has 15 days to file a written response and must provide a copy of this response to the moving party on the same day it is filed.

(d) Other Powers to Grant Relief: This rule does not limit the court's power to:

• (1) Consider an independent action to relieve a party from a judgment; (2) Set aside a judgment for fraud on the court.

(e) Representation: An attorney may represent a party in a motion to vacate a judgment.

Collect your Judgment

To collect your money after a judgment is decided, you need to follow the enforcement procedures outlined in Title 12, Chapter 9 of the Arizona Revised Statutes and A.R.S. §§ 22-243 through 22-246. It’s important to note that the court does not collect the judgment for you; it is your responsibility to take the necessary steps to collect the awarded amount.

Let Squabble Help You With Your Small Claim at Pinal 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 Pinal 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. JP1- Pioneer Justice Court

   3675 E Hunt Highway
   San Tan Valley, AZ 85143
   (480) 380-7312
   https://www.pinal.gov/260/Courts

   BUILDING HOURS

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

2. JP2 - Casa Grande

   820 E Cottonwood Lane
   County Complex
   Casa Grande, AZ 85122
   (520) 866-7475
   https://www.pinal.gov/

   BUILDING HOURS

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

3. JP3 - Central Pinal - (Florence/Coolidge/Eloy)

   119 W Central Avenue
   Coolidge, AZ 85128
   (520) 866-7900
   https://www.pinalcourtsaz.gov/342/JP3---Central-Pinal---FlorenceCoolidgeEl

   BUILDING HOURS

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

4. JP4 - Western Pinal - (Maricopa)

   19955 N Wilson Avenue
   Maricopa, AZ 85139
   (520) 866-3999
   https://www.pinalcourtsaz.gov/343/JP4---Western-Pinal---Maricopa

   BUILDING HOURS

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

5. JP5 - Copper Corridor - Main Office Superior Location

   60 E Main Street
   Superior, AZ 85173
   (520) 866-6950
   https://www.pinalcourtsaz.gov/345/JP5-Copper-Corridor---SuperiorMammothOra

   BUILDING HOURS

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

6. JP6 - Apache Junction

   575 N Idaho Road
   Apache Junction, AZ 85119
   (480) 982-2921
   https://www.pinalcourtsaz.gov/346/JP6---Apache-Junction

   BUILDING HOURS

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