Small claims in Arizona.
Arizona's small claims courts offer a streamlined process for disputes up to $5,000, emphasizing speed and simplicity.
- Most you can sue for$5,000Same cap for individuals and businesses
- Filing fee$24-$97Varies by court and claim amount
- CourtJustice Court (Small Claims Division)
- Lawyers at trialNot allowedUnless both parties agree in writing
- Appeal windowNo appealsDecisions are final and binding
- Recent change—No major changes in the last 3 years
Find your situation.
Arizona small claims handles money disputes up to $5,000 (or $5,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Arizona allows you 6 years to file a claim for breach of a written contract and 3 years for an oral contract.
Wrong court for these5 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims courts in Arizona do not have jurisdiction over eviction cases.
Try instead: Justice Court's regular civil division
Defamation (libel or slander)
Claims involving defamation are excluded from small claims court jurisdiction.
Try instead: Superior Court
Malpractice
Professional malpractice claims exceed the small claims jurisdictional limit.
Try instead: Superior Court
Family law matters
Divorce, child custody, and related matters are not handled in small claims court.
Try instead: Family Court
Claims against the state
Small claims courts do not have jurisdiction over claims against the state or its subdivisions.
Try instead: Superior Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Justice Court (Small Claims Division). Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are typically added to the judgment against the loser.
E-filing in Arizona: Availability of e-filing depends on the specific Justice Court; check with the local court for options.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 20 days before the hearing (in the same county) or 30 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail. Court clerk sends documents via certified mail with return receipt requested.
- Private process server. A licensed individual serves the documents to the defendant.
File the proof of service (SC-7) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, document attempts and consider alternative methods like service by publication.
Show up to the hearing
Bench trial with informal procedures; each party presents their case to the judge or hearing officer.
Lawyers at trial: Allowed. Attorneys are not allowed unless both parties agree in writing.
When you’ll get the decision: On the spot or within 10 days
What to bring
- Contracts
- Receipts
- Photos
- Witnesses
If the defendant doesn’t show up
If the defendant fails to respond, the plaintiff may request a default judgment.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim.
If you’re the defendant being sued
The defendant must file a written answer within 20 days of being served.
Counter-suing the plaintiff: Allowed using SC-3 (Counterclaim). Serve the plaintiff at least 20 days before trial (same county) or 30 days (out of county).
Counterclaim bigger than the cap? If a counterclaim exceeds $5,000, the case must be transferred to the civil division. Ariz. Rev. Stat. § 22-504
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 10% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File an application for a writ of garnishment, serve the employer, and the employer will withhold a portion of the debtor's wages.
Cost: $30-$50 plus service fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- 75% of disposable earnings or 30 times the federal minimum wage, whichever is greater.
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of garnishment, serve the bank, and the bank will freeze and remit funds from the debtor's account.
Cost: $30-$50 plus service fees
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- $300 is exempt from levy.
Property lien
Place a lien on the debtor's real property to secure the judgment.
How it works
Record the judgment with the county recorder to create a lien on the debtor's property.
Cost: $10-$30 recording fee
Notes: Effective if the debtor owns real property; lien must be satisfied before property can be sold or refinanced.
What’s protected:
- Homestead exemption up to $150,000.
Writ of execution
Seize and sell the debtor's non-exempt property to satisfy the judgment.
How it works
Obtain a writ of execution, have the sheriff seize property, and sell it at auction.
Cost: $50-$100 plus sheriff's fees
Notes: Effective if the debtor owns valuable non-exempt property.
What’s protected:
- Various personal property exemptions apply.
Multiple creditors? Priority rules.
Judgment liens are prioritized by the date of recording; earlier liens have higher priority.
Can you appeal if you lose?
Decisions in small claims court are final and cannot be appealed.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Maricopa
- E-filing availability: Maricopa County offers e-filing for small claims cases through its online portal.
Pima
- Mediation services: Pima County provides free mediation services for small claims disputes.
Why cases get dismissed.
Exceeding the monetary limit
What goes wrong: If your claim exceeds $5,000, the court will dismiss the case or require you to waive the excess amount.
How to avoid it: Ensure your claim, excluding interest and costs, does not exceed the $5,000 limit.
Improper service of process
What goes wrong: Failure to properly serve the defendant can result in delays or dismissal of your case.
How to avoid it: Follow Arizona's rules for service of process carefully, using authorized methods.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of your claim.
How to avoid it: Verify the applicable statute of limitations for your claim type before filing.
Not bringing necessary evidence
What goes wrong: Lack of evidence can result in losing your case, even if your claim is valid.
How to avoid it: Gather all relevant documents, photos, and witness statements before the hearing.
Failing to appear at the hearing
What goes wrong: If you don't show up, the court may dismiss your case or enter a default judgment against you.
How to avoid it: Mark your calendar and ensure you attend the scheduled hearing.
Ignoring post-judgment procedures
What goes wrong: Winning a judgment doesn't guarantee payment; you must take steps to collect.
How to avoid it: Familiarize yourself with collection methods like garnishment and liens.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources20 citations and statutes
- Arizona Judicial Branch
- Maricopa County Superior Court — Justice Courts
- Arizona Justice Courts directory
- Ariz. Rev. Stat. Title 22 (Justice and Municipal Courts)
- Ariz. Rev. Stat. Title 12 (Courts and Civil Proceedings)
- Ariz. Rev. Stat. § 22-503 (Small Claims jurisdictional limit)
- Arizona Revised Statutes — Title index
- Arizona Rules of Procedure for the Justice Courts
- Rules of Small Claims Procedure
- Maricopa Justice Court small-claims forms
- Arizona Justice Court fee schedules
- Arizona Rules of Civil Procedure Rule 4 (service)
- Ariz. Rev. Stat. § 22-261 (Justice Court appeals)
- Ariz. Rev. Stat. Title 12 Ch. 11 (Garnishment)
- Ariz. Rev. Stat. § 33-1101 (Homestead exemption)
- Ariz. Rev. Stat. § 44-1521 (Consumer Fraud Act)
- Ariz. Rev. Stat. § 44-1522 (Consumer fraud — definitions)
- Ariz. Rev. Stat. § 33-1321 (Security deposit)
- Ariz. Rev. Stat. § 23-355 (Final wages — penalty)
- Ariz. Rev. Stat. § 44-1201 (Interest rate)
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.