小额索赔法庭可以被任何个人使用, 伙伴关系, association or corporation for civil claims that do not exceed $3,500. Procedures in small claims cases are intended to be simple enough for a person to file all the necessary forms and represent him/herself at an informal hearing. Lawyers are typically not allowed, but may be allowed to participate if all parties agree. 

所有案件均由法官或听证官审理, who then makes a decision that is final and binding on both parties. T在这里 is no right to a jury trial or an appeal in small claims cases. 正式程序规则不适用. 

Either party may object to the proceedings being held in the small claims division. The request must be made in writing at least 10 working days prior to the time set for the hearing. 案件将被移送, 民事诉讼规则适用于此案, 允许超过3美元的索赔,500, 律师表示, 陪审团审判和上诉. The party requesting the transfer will be assessed a transfer fee. 

The clerks at the 6686皇冠最新登陆 are available to answer most questions relating to jurisdiction, 聚会地点, pleadings or procedures that this web site cannot answer for you. Please keep in mind that the clerk cannot engage in the practice of law and cannot give you legal advice.

诉讼时效

Time limits in civil actions accrue from the date the events that gave rise to the action occurred. The time limits apply to both civil suits and small claims. 请注意，此列表仅作为一般指南. Not all of the cases listed below can be filed or heard in Justice Court. 点击 在这里 to view the Arizona laws outlining statutes of limitation.

一年

Malicious prosecution; false imprisonment; libel or slander; breach of employment contract; wrongful termination; liability created by statute 

两年

Personal injury; injury when death ensues; damage to property; conversion of property; product liability; forcible entry and forcible detainer 

三年

Debt from oral contract; stated or open account; relief on ground of fraud or mistake 

四年

Bond to convey realty; 伙伴关系 account; account between merchants; judgment or instrument given or made without the state; bond of personal representative or guardian; specific performance of contract to convey realty, actions for which no limitation is otherwise prescribed (other than for recovery of real property)

六年

书面债务合同

注意: Under some special circumstances, time limits can be extended or deferred. Please consult an attorney to determine if these circumstances apply to your case.

 

启动小额索赔案件

A plaintiff (the person or organization bringing the suit) begins a small claims case by filing a Complaint with the proper justice court. 点击 在这里 在线说明和在线表格. 这个案子必须在正确的地点立案. The plaintiff must file the complaint in the justice court in which the defendant (the person or organization being sued) resides or operates a business, 或者行为/事件发生的地点. 

点击 在这里 to go to the Location Section for help in determining the correct precinct for your case. 

点击 在这里 有关如何填写“指定被告”的例子. 

点击 在这里 参阅小额申索案件的收费一览表

点击 在这里 参阅小额索偿指引 & 指引及其他小额索偿个案的相关表格

 

上诉

Neither party can appeal the decision of the judge or hearing officer in a small claims case. If either party believes 判断 was entered in error, or if t在这里 were good reasons for one of the parties not appearing in court, that party may file a Motion to Vacate Judgment asking the court to set aside, 或取消, 判断. The court will review the motion and notify both parties of its decision.

判断

The plaintiff may be awarded a judgment on the claim against the defendant or the defendant may be awarded a judgment on a counterclaim (if one was filed) against the plaintiff. The party awarded judgment is known as the Judgment Creditor and the party who 判断 is against is known as the Judgment Debtor. 

To obtain information about the Judgment Debtor's employment, bank accounts or other assets you may ask the Court for an order for a debtor's examination to be held immediately following the trial or at any other time after Judgment. Additional fees and costs are required for issuing and serving an order for a debtor's examination) (called an Order for Supplemental Proceedings). 

扣押令状

A 扣押令状 of earnings can be issued after you make a formal written demand for payment of 判断 amount. A 扣押令状 on non-earnings can be issued to garnish other assets, 比如银行账户或其他收入财产.

执行令状

A 执行令状 empowers the Constable to levy on non-exempt personal property of value. You must provide a description and the location of the property. 

The clerk can provide you with the necessary garnishment or execution forms. You will have to pay additional fees and costs for issuing and serving Writs of Garnishment and Writs of Execution. If your judgment is the result of an automobile accident for which you have an accident report and remains unpaid 60 days after 判断 has been entered, 你可以通知法院. A clerk will then report the non-payment to the Arizona Department of Transportation, 机动车辆科. MVD将暂停判决债务人的驾驶执照, 登记和非居民经营特权.

When you are paid in full you must file a Satisfaction of Judgment with the court. 此表格可向法院索取.