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Small Claims Court in Yavapai County

In Yavapai County, AZ small claims cases are typically filed in the Justice Court. Yavapai County has five 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 Yavapai Court System.

Small Claims Court

In Yavapai County, Arizona, each justice of the peace court features a small claims division that provides a fast and affordable way to resolve civil disputes involving amounts up to $3,500. This process is more informal than typical court proceedings, allowing people to file or respond to claims without the need for a lawyer.

A judge or hearing officer will review each case and make a final ruling, which can’t be appealed or brought before a jury. The guidelines for small claims cases can be found in Title 22, Chapter 5 of the Arizona Revised Statutes, as well as the Arizona Rules of Small Claims Procedure.

Cases Handled

The small claims court handles a limited range of specific cases. Some common issues that qualify include:

Breach of a written or verbal contract
Requests for the return of a down payment
Damage to or loss of property
Consumer complaints about faulty products or subpar workmanship
Collection of payment for completed work
Claims related to bad checks
Issues involving unpaid rent or security deposits

Cases that Cannot Be Filed in Small Claims

There are specific types of cases that small claims courts do not address. These include:

Requests for injunctive relief
Actions seeking specific performance
Defamation claims, including libel or slander
Class action lawsuits
Cases involving prejudgment remedies
Eviction actions, such as forcible entry or unlawful detainer
Lawsuits against the state, its officials, or employees of cities, counties, or other governmental entities in their official roles, along with related damages.

Venue

If a complaint is filed in the wrong precinct, the defendant can request a change of venue by submitting a Motion for Change of Venue, which is available from the court. The plaintiff has the right to oppose this request.

If the court approves the change, the case will move to the correct precinct, and the plaintiff will need to pay all related fees. The defendant must file this motion before responding to the complaint. If they miss the deadline to request the change, they forfeit that right.

Filling a Claim

To start a small claims lawsuit, follow these steps:

File a Complaint: The plaintiff must submit a small claims complaint that is clear and concise, stating the reasons for the claim against the defendant.
Correct Names: Use both your legal name and the defendant’s correct legal name, as this cannot be changed after filing.
Jurisdiction: File the complaint in the justice court precinct where the defendant lives or as allowed by Arizona law (A.R.S. § 22-202).
Obtain a Summons: After filing, the court clerk will issue a summons directing the defendant to respond to the complaint.
Serve the Defendant: The summons, complaint, and a Notice to Plaintiff and Defendant must be served on the defendant via:
- Registered or certified mail with a return receipt requested, or
- A constable, sheriff, or process server.
Proof of Service: File proof of service with the court within 45 days of filing your complaint; otherwise, the court will dismiss your case.
Voluntary Dismissal: If you decide not to pursue the lawsuit, you can file a Notice of Voluntary Dismissal, provided the defendant hasn’t filed an answer or counterclaim yet.

Serve the Defendant

(a) When to Serve the Defendant:

The plaintiff must file proof of service for each defendant within 45 days of filing the complaint.
If proof of service is not filed on time, the case must be transferred 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:
  - Serve the defendant by registered or certified mail with a “return receipt requested.”
  - The return receipt (either 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 is 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 take the following steps:

File a Written Answer: The defendant has 20 days from the date of being served to file a written answer. The answer form can be accessed on the Arizona courts website at www.azcourts.gov or obtained at the courthouse.
Consequences of Not Responding: If the defendant fails to file an answer within the 20-day period, the court may issue a ruling in favor of the plaintiff by default.
Hearing Date: Once the defendant files an answer, the court will schedule a hearing to take place within 60 days of the answer being filed. All parties involved must attend this hearing on the scheduled date.
Default Proceedings: If the defendant does not file an answer within the 20 days, the plaintiff must initiate default proceedings in accordance with Rule 140 of the Arizona Rules of Justice Court Procedure.

Defendant

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.

Venue

Venue refers to the appropriate location for a lawsuit, usually based on its connection to the events or 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. Here’s what happens next:

Plaintiff's Response: The plaintiff has ten days to respond to this motion.
Court's Decision: If the court approves the motion, the case will be moved to the correct precinct.
Attendance Requirement: Until the parties receive official notice that the motion has been granted, they must continue to attend any scheduled court dates.
Determining Proper Venue: You can determine the proper venue for your case by reviewing Arizona law (A.R.S. § 22-202).

Filing Cost

Here’s a list of 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 Harassment): $73
Copy of Tape/Recording: $28

Prepare for your Hearing

To prepare for your hearing, follow these steps:

Organize Your Case: Write down the facts and details in chronological order. This will help you present a clear and structured argument.
Gather Evidence: Collect all relevant documents and evidence, including bills, receipts, price estimates, and photos of any damage.
Prepare Your Witnesses: Arrange for any witnesses who can support your case to attend the hearing.
Review the Counterclaim: If there is a counterclaim, be ready to address it and present your evidence accordingly.

Both parties will have the chance 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 must inform the court by filing a Notice of Settlement. This notice indicates that the case has been resolved, and the hearing is no longer necessary.

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. Once filed, it will officially conclude the lawsuit and resolve any claims or counterclaims.

Hearing

At the hearing, both parties must arrive on time to present their cases to the judge or hearing officer. This includes testifying and providing witnesses, testimony, and evidence. If there’s a counterclaim, 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 resolving 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 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 testimony, examine the evidence, and potentially enter a judgment against the defendant.
If the Plaintiff Fails to Appear: The court may dismiss the lawsuit or grant judgment in favor of the defendant.

Important Note: The court’s decision in a small claims case is final and binding on all parties. It cannot be appealed, and 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 is required to 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 either on its own or upon request from either party if there are errors, such as misspelled names, incorrect facts, or miscalculated amounts.

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 this motion does not change the judgment's finality or suspend its enforcement. The court may grant relief from a judgment for various reasons, including:

Mistake, inadvertence, surprise, or excusable neglect.
Fraud, misrepresentation, or misconduct by the opposing party.
The judgment is void.
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.
Any other reason justifying relief.

(b) Timing

A motion to vacate must be filed within a reasonable time frame. For reasons 1 and 2, it must be submitted 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 provide a copy of the motion to the other party on the same day it is filed. The other party then has 15 days to submit a written response and must also 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 authority to:

Consider an independent action to relieve a party from a judgment.
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 must follow the enforcement procedures specified in Title 12, Chapter 9 of the Arizona Revised Statutes and A.R.S. §§ 22-243 through 22-246. Keep in mind that the court does not collect the judgment on your behalf; it is your responsibility to take the necessary steps to recover the awarded amount.

Let Squabble Help You With Your Small Claim at Yavapai 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 Yavapai 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.