Small Claims Court in Graham County

In Graham County, AZ small claims cases are typically filed in the Justice Court. GrahamCounty has one Justice Courthouse that handles 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 Graham Court System.

Small Claims Court

If you're involved in a civil dispute and want a quicker, simpler way to resolve it, Arizona’s Justice Courts—also known as Justice of the Peace Courts—offer an option through the small claims process.

These courts have exclusive authority to handle small claims cases. In legal terms, this is called "jurisdiction," meaning these courts have the legal power to decide small claims disputes.

How Much Can You Sue for in Small Claims Court?

• If your claim is for $3,500 or less (not including interest or court costs), you can file in small claims court.
• If you're asking for more than $3,500 but less than $10,000, you’ll need to file a civil case in Justice Court—but not as a small claim.
• If your claim is over $10,000, the case must be filed in Superior Court.

Why File in Small Claims Court?

Small claims court is designed to make resolving disputes faster, more affordable, and less formal than traditional court cases. It’s a good option for individuals who want to handle their own legal matters without hiring an attorney.

Benefits include:

• Faster case resolution
• A simplified, informal process
• Lower filing fees and fewer procedural requirements

Key Differences in Small Claims Court

• Attorneys are not allowed unless both parties agree in writing.
• There are no jury trials. A judge or hearing officer will decide the case.
• There is no right to appeal. Once the court makes a decision, it is final.

Filing Your Claim

To initiate a small claims case, you'll need to:

1. Determine the Correct Court: File your claim in the Justice Court precinct where the defendant resides or where the dispute occurred.
2. Complete the Necessary Forms: Obtain and fill out the required paperwork, which can often be done online or at the court.
3. Pay the Filing Fee: Submit the appropriate fee, which varies by jurisdiction. 4.Serve the Defendant: Ensure the defendant is properly notified of the lawsuit, typically through certified mail or personal service.

Small Claims Isn’t the Right Option

Types of Cases Excluded from Small Claims Court Arizona Revised Statutes § 22-503 outlines specific cases that cannot be heard in Small Claims Court:

1. Defamation (Libel or Slander): Claims involving false statements that harm someone's reputation.
2. Eviction Actions: Cases related to forcible entry, forcible detainer, or unlawful detainer.
3. Specific Performance: Requests for the court to order someone to fulfill a contract.
4. Class Actions: Lawsuits involving multiple plaintiffs or defendants.
5. Prejudgment Remedies: Actions seeking to secure assets before a judgment is made.
6. Injunctive Relief: Requests for the court to order someone to stop doing something.
7. Government Entities: Lawsuits against the State of Arizona, its political subdivisions, or government employees in their official capacity.
8. Criminal Matters: Traffic violations and other criminal cases.

What to Do If Your Case Falls Outside Small Claims Court

If your issue involves any of the above, you should consider filing in a higher court:

• Justice Court Civil Division: For cases involving amounts greater than $7,500 but less than $10,000.
• Superior Court: For cases involving amounts over $10,000 or more complex legal issues.

It's advisable to consult with a court clerk or seek legal advice to ensure you're filing in the appropriate court.

Final Thoughts

While Small Claims Court is designed for quick and simple resolutions, it's essential to recognize its limitations. For more complex or specific legal matters, pursuing your case in the appropriate court will provide a fairer and more effective resolution.

Small Claims Court Is the Right Choice

Consider using Small Claims Court if:

• Self-representation: You're comfortable presenting your case without an attorney.
• No jury trial: You're agreeable to having a judge or hearing officer decide your case, as jury trials are not permitted.
• Final decision: You understand that the court's decision is final and cannot be appealed.

This court is ideal for individuals seeking a simple, efficient way to resolve disputes without the need for legal representation.

Forms for Filing a Small Claims

Once you've decided that small claims court is the right way to go, the next step is to fill out and file a few important forms to officially get your case started.

Small Claims Summons

This form lets the person you’re suing (the defendant) know that a case has been filed against them. It includes key details like the court information, the nature of your case, and the date of the hearing.

Small Claims Complaint

This is where you explain your side of the story. You’ll describe why you're suing, how much money you're asking for, and the legal basis for your claim.

Notice to Plaintiff and Defendant

This document gives both sides a basic overview of how small claims court works. It covers your rights, responsibilities, and what the court can and can’t do.

Proof of Service by Registered or Certified Mail

After filing your forms, you’re required to officially notify the defendant. If you choose to send the documents by certified or registered mail, this form is used to prove that the defendant actually received them. Without this step, your case can’t move forward.

Helpful Tip:

You can usually find all of these forms on your local Justice Court’s website or pick them up in person at the courthouse. Just make sure you’re using the right forms for the county where you’re filing. If you get stuck, many courts have self-help centers or staff who can assist you through the process.

Cases Handled

Small claims court is designed to handle certain types of disputes that are usually straightforward and involve smaller amounts of money. It’s a practical option when you want to resolve an issue without the time and expense of a full-blown trial. Some of the most common cases that end up in small claims court include:

• Breach of Contract – This could be a written or verbal agreement that someone didn’t follow through on.
• Refund of a Down Payment – If you paid upfront for something and didn’t get what you were promised, you might be entitled to get that money back.
• Property Damage or Loss – Whether it’s a broken phone or damage to your car, you can ask for compensation.
• Consumer Complaints – Like dealing with faulty products or services that didn’t meet expectations.
• Unpaid Services – If you did work for someone and never got paid, you can take legal action to recover your payment.
• Bad Checks – If someone gave you a check that bounced, you can sue to recover that amount.
• Unpaid Rent or Security Deposits – Whether you're a landlord or a tenant, disputes over rent or deposits are often settled in small claims court.

Statutes of Limitation

In Arizona, the statute of limitations—the deadline for filing a lawsuit—varies depending on the type of legal claim. Here’s a quick breakdown of the time limits for different types of cases:

1 Year

• You have 1 year to file a claim involving:
  • Malicious prosecution
  • False imprisonment
  • Libel or slander (defamation)
  • Breach of an employment contract
  • Wrongful termination
  • Liability based on specific statutes

2 Years

• You have 2 years to bring a case for:
  • Personal injury (e.g., from accidents or negligence)
  • Wrongful death
  • Property damage
  • Conversion (someone wrongfully took or used your property)
  • Product liability (injuries caused by defective products)
  • Forcible entry or detainer (landlord-tenant disputes like eviction)

3 Years

• The time limit is 3 years for:
  • Debts based on oral agreements
  • Open accounts (like unpaid invoices or credit accounts)
  • Fraud or mistake claims

4 Years

• You get 4 years to file a case involving:
  • Bonds related to real estate transfers
  • Disputes involving partnership accounts
  • Merchant or business accounts
  • Out-of-state judgments or agreements
  • Bonds for personal representatives or guardians
  • Specific performance of real estate contracts
  • Cases not otherwise covered—except those involving recovery of real property

6 Years

• If your case is based on a written contract, you have 6 years to take legal action.

Important Reminder:

• These are general timelines, but there are exceptions. Certain situations—like if the person was a minor or out of state—might pause (or “toll”) the clock.

Venue

What is Venue?

Venue means the proper location or court precinct where a lawsuit should be filed. Usually, this is determined by where the event happened, where one of the parties lives, or where they conduct business.

What Happens if You File in the Wrong Venue?

If a case is filed in the wrong Justice Court precinct by mistake, the defendant has the option to ask the court to move the case to the correct location. This is done by filing a Motion for Change of Venue.

What Happens After the Motion is Filed?

• Plaintiff’s Response: Once the motion is submitted, the plaintiff has 10 days to respond.
• Court Decision: If the court agrees the venue is wrong, it will transfer the case to the proper precinct.
• Attend Hearings: Until the court officially approves the change, both sides need to keep attending any hearings scheduled in the original court.

Important Things to Remember When Filing the Motion

• The defendant must file the motion before responding to the complaint. If the defendant files an answer or any other response first, they lose the chance to request a venue change.
• If the court agrees to move the case, the plaintiff usually has to cover any costs involved with transferring the case.

How to Know Which Venue is Correct

To find out which court you should file in, check Arizona Revised Statutes (A.R.S.) § 22-202. This law explains how to pick the right venue based on your case type and where the parties are located. You can also ask the court clerk or look for venue guidelines at your local Justice Court for more help.

Start a Small Claims Lawsuit

1. Complete and Submit a Complaint
   • Start by filling out the Small Claims Complaint form. This is where you explain why you’re suing and how much money you want. Keep your explanation simple, clear, and stick to the facts.
2. Verify Legal Names
   • Make sure you use your full legal name and the exact legal name of the person or business you’re suing. Double-check spelling and details because once you file, you can’t change these names.
3. Confirm Jurisdiction and Venue
   • Check that you’re filing in the right court. Usually, this means the Justice Court where the defendant lives, does business, or where the incident happened. For specific rules, see Arizona Revised Statutes § 22-202.
4. Request a Summons
   • Once your complaint is accepted, you’ll ask the court to issue a Summons. This is an official notice that tells the defendant about the lawsuit and when they must respond.
5. Serve the Defendant
   • You’re responsible for making sure the defendant gets these documents:
     • The Summons
     • The Complaint
     • The Notice to Plaintiff and Defendant

You can serve them by:

• Sending the documents via certified or registered mail (with a return receipt), or
• Hiring a constable, sheriff, or licensed process server to deliver them.

6. File Proof of Service
   • After the defendant has been served, you must file a Proof of Service form with the court—usually within 45 days of filing your complaint. If you miss this deadline, your case could be dismissed.
7. Dismissal of the Case
   • If you want to withdraw your case before the defendant responds, you can file a Notice of Voluntary Dismissal. But if the defendant has already answered or filed a counterclaim, you’ll need the court’s permission to dismiss.

Serve the Defendant

Making Sure You Serve the Defendant Correctly in Small Claims Court

To keep your case moving smoothly, it’s really important to follow the correct steps for serving the defendant. Here’s what you need to know:

(a) Timing for Service You must serve the defendant within 45 days of filing your complaint.

• If you don’t serve them in time, your case might be dismissed or moved out of small claims court.
• If your case is dismissed because of improper service, it’s usually without prejudice, meaning you can file the case again later.

(b) How to Serve the Defendant You have two main ways to serve the papers:

1. Registered or Certified Mail
   • Mail the Summons, Complaint, and Notice to Plaintiff and Defendant using registered or certified mail with a return receipt requested.
   • When the defendant receives the mail, you’ll get a return receipt (a signed card or electronic confirmation) from the post office.
   • You need to file this return receipt with the court within 45 days to prove the defendant was served.
2. Personal Service
   • A constable, sheriff, or licensed private process server can personally deliver the documents to the defendant.
   • After serving, the server fills out an Affidavit of Service and files it with the court.
   • This also must happen within 45 days of filing your complaint.

(c) What Happens After Service Is Complete Once the court gets proof that the defendant was served:

• They’ll notify you and the defendant (if they respond) about the next steps.
• The notice will explain that the case could be dismissed 65 days after service if:
  • No hearing is scheduled, and
  • You don’t request a default judgment (which you can do under Rule 140 of the Justice Court Rules of Civil Procedure).

Respond to a Claim

If you receive a small claims complaint, here’s what you need to do next:

1. Submit a Written Answer
   • You have 20 days from the day you were served to file your written answer with the court. You can find the Answer Form online at the Arizona Courts website (www.azcourts.gov) or pick one up at your local courthouse.
2. What Happens If You Don’t Respond
   • If you don’t file an answer within 20 days, the court may issue a default judgment in favor of the plaintiff. That means the plaintiff wins automatically, and you’ll likely have to pay the amount they’re asking for.
3. Hearing Scheduling
   • Once you file your answer, the court will schedule a hearing—usually within 60 days.
   • It’s important that both you and the plaintiff show up to the hearing so you can each tell your side of the story.
4. Default Judgment
   • If you miss the deadline to file your answer, the plaintiff can start default judgment procedures, asking the court to rule in their favor without a hearing. This process follows Rule 140 of the Arizona Rules of Justice Court Procedure.

Counterclaim

If you think the plaintiff actually owes you money or you have your own claim against them, you can file a counterclaim. Here’s what you need to know:

1. Time Limit
   • You must file your counterclaim within 20 days of being served with the plaintiff’s complaint for it to be considered by the court.
2. Relation to Plaintiff’s Complaint
   • Your counterclaim can either:
     • Be related to the same issue that the plaintiff is suing about, or
     • Be completely unrelated to their claim.
3. Amount of the Counterclaim
   • If your counterclaim is for more than $3,500, the case will be moved out of small claims court into a higher court.
   • That means the case will follow the more formal court procedures instead of the simpler small claims process.

Filing Cost

• Small Claims Complaint and Summons: $58.00
• Answer to Small Claims Complaint: $46.00

Writ Fees (Note: Constable service fees are extra)

• Writ ONLY: $38.00
• Writ of Execution (includes minimum mileage): $118.00
• Writ of Garnishment (includes minimum mileage): $102.00
• Writ of Replevin (includes minimum mileage): $256.00
• Writ of Restitution (includes minimum mileage): $120.00

Other Fees

• Judgment Debtor's Exam Issue Fee: $33.00
• Clerk Fee (for acts without a specific fee): $33.00
• Certification of Documents: $33.00
• Copies of Documents: $0.50 per page

Prepare for your Hearing

Getting Ready for Your Small Claims Hearing

1. Organize Your Case
   • Make a simple timeline of what happened. This helps you stay clear and focused when telling your side of the story during the hearing.
2. Gather Your Evidence
   • Collect all documents and materials that support your case, like:
     • Receipts or proof of payment
     • Bills or invoices
     • Photos or videos showing damages or key details
     • Contracts, agreements, or emails/texts related to the issue
   • The more solid evidence you have, the stronger your case will be.
3. Prepare Your Witnesses
   • If someone can support your side, ask them to come to the hearing and testify. Make sure they understand what to say and what to expect.
4. Review the Counterclaim (If There Is One)
   • If the other side filed a counterclaim, be ready to respond. Collect evidence to challenge their claim and explain why it shouldn’t succeed.
   • At the hearing, both sides will present their cases, share evidence, and call witnesses. The judge will listen carefully and then make a decision. Stay calm, organized, and focused—that will help you make the best impression.

Settlement

Informing the Court of a Settlement

• If you (the plaintiff) and the defendant reach an agreement before the hearing, the plaintiff should file a Notice of Settlement with the court.
• This lets the court know the case is resolved, so the hearing can be canceled.
• Once the court gets the notice, the case will be officially closed, and neither side will need to take any further action.

Dismiss the Case

• When both sides agree to end the lawsuit, they can submit a Dismissal Agreement to the court.
• This document needs to be signed by:
  • The plaintiff
  • The defendant
  • Any attorneys representing either party

Once the agreement is filed, the case is officially dismissed. All claims and counterclaims are settled, meaning no further legal action will be taken and the matter is fully resolved.

Hearing

1. Arrive On Time
   • Be sure to show up promptly. This gives you the chance to fully present your case, share testimony, and submit any evidence or witnesses. Being on time helps keep everything running smoothly.
2. Address the Counterclaim
   • If there’s a counterclaim, be prepared to respond during the hearing. Bring any evidence you have to support your side.
3. Judge’s Final Decision
   • After hearing both sides and reviewing the evidence, the judge or hearing officer will issue a ruling. Usually, the decision is given during the hearing, but the judge has up to 10 days to send a written judgment to both parties by mail.

What Happens If You Miss the Hearing

1. If Neither Party Shows Up
   • The case will be dismissed, and both the complaint and any counterclaims will be dropped.
2. If the Defendant Doesn’t Appear
   • The judge may hear only the plaintiff’s side and likely rule in the plaintiff’s favor, which means a judgment against the defendant.
3. If the Plaintiff Doesn’t Appear
   • The court may dismiss the case or rule in favor of the defendant.

Important Note on Final Decisions

Once a judgment is made, it’s final and binding. There’s no right to appeal, and small claims courts do not allow jury trials.

Appeal

Motion to Vacate a Judgment in Small Claims Court

While you can’t appeal a small claims judgment, you can ask the court to reconsider it by filing a Motion to Vacate Judgment—but only in certain situations.

When You Can File a Motion to Vacate

1. Judgment Mistake
   • If you believe the judge made an error—such as misinterpreting the facts or misapplying the law—you can ask the court to set aside the judgment.
2. Failure to Appear
   • If you missed the hearing for a valid reason (e.g., a medical emergency, serious illness, or unexpected event), you can explain your absence in your motion.
   • Be sure to include evidence that supports your reason for missing the hearing—such as medical records, accident reports, or other documentation.

What Happens After You File the Motion

• The court will review your motion and the reasons you’ve provided.
• Both parties will be notified of the decision.
• If the motion is granted, the case will be reopened, and additional proceedings may be scheduled.

Judgment

After the court resolves a case, it issues a judgment that explains who won and what must happen next.

• Judgment Creditor
  • This is the person who won the case. They’re entitled to receive whatever the court awarded—this could be money, property, or some other type of compensation.
• Judgment Debtor
  • This is the person who lost the case. They are legally required to follow the court’s order, which might include paying the judgment, returning property, or doing something else the court directed.

Enforcing a Small Claims Judgment

If you win your case and the debtor doesn’t pay, there are legal tools available to help you collect the judgment:

Debtor’s Examination

• Also known as an Order for Supplemental Proceedings, this is a court-ordered process that requires the debtor to appear and provide details about their finances—like bank accounts, employment, or other assets.
• This helps you figure out how and where to collect what you’re owed.
• Note: There is a fee for requesting this examination.

Writ of Garnishment

• If the debtor still hasn’t paid, you can apply for a Writ of Garnishment to collect money directly from their:
  • Wages (earnings garnishment), or
  • Bank accounts or other property (non-earnings garnishment)
• There are fees for both issuing and serving this writ.

Writ of Execution

• This allows a constable to seize the debtor’s non-exempt property (like valuable items or equipment) and sell it to satisfy the judgment.
• You’ll need to provide details about the property—like where it is and what it’s worth. Fees apply to issue and enforce this writ as well.

Important Considerations

• Reporting Non-Payment (Auto Accident Cases Only)
  • If the case involves an unpaid auto accident judgment and more than 60 days have passed, you can notify the court.
  • This may lead the Arizona MVD to suspend the debtor’s driver’s license, vehicle registration, and operating privileges until the debt is paid.
• Satisfaction of Judgment
  • Once the debtor pays in full, you (the creditor) must file a Satisfaction of Judgment form with the court. This officially closes the case and confirms that the debt has been paid.

Courthouse Locations:

Graham County Justice Court

800 W. Main Street,
Safford, AZ 85543
(928) 428-1210
https://www.graham.az.gov/315/Small-Claims

BUILDING HOURS

• Monday - Thursday 7:00 a.m. to 6:00 p.m., except court holidays.

CITIES SERVED

• Safford
• Thatcher
• Pima
• Swift Trail Junction
• Bylas
• Cactus Flats
• San Jose
• Solomon
• Fort Thomas
• Central
• Bryce

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