2. / 小额索赔(3,500美元以下)表格 & 包

小额索赔(3,500美元以下)表格 & 包

小额索偿

Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $3,500.

  • All cases are heard by either a judge or hearing officer, who then makes a decision.
  • 该决定是终局的，对双方都有约束力. 在小额索赔案件中，没有陪审团审判或上诉的权利.
  • 正式程序规则不适用. 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.

T在这里 are two specific motions allowed by law in a small claims action. These are a Motion for a Change of 聚会地点 (Location) and a Motion to Vacate a judgment.

小额申索(3,500元以下)

谁可以使用小额申索程序?

小额索赔法庭可以由任何个人使用, 伙伴关系, 协会或公司的民事索赔不超过$3,500. Small claims cases are simplified; t在这里fore, lawyers are not allowed. 但是，如果各方都同意，他们可能被允许参加. 一种形式, 律师使用规定, 可在聆讯前任何时间为此目的提出申请. Attorneys can appear in the small claims division if they are representing themselves. Either party may object to the proceedings being held in the small claims division. The request must be made 以书面形式 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. 要求转让的一方将被收取转让费.

提交文件前需要考虑的事项

这是你的案子. You are solely responsible for prosecuting or defending the claim or recovering any monetary awards. The clerks at each of the courts are not attorneys and are not authorized to give legal advice. It is not the court clerk's responsibility to advise you if you have a legal claim. The clerk is not responsible for any error you may make in asserting or defending the claim. The court does not take sides or render an opinion regarding the merits of a claim. 你必须遵循一些步骤来正确处理你的案子. We have provided the following information to assist you with general procedures in processing your case through the court. 的流程图, 你可以在这个页面的左上角链接到哪个, might be helpful in providing a basic overview of the small claims process. 我们也在网上提供了一些表格. The complaint form can be filled out on your computer and then printed out. 请参阅我们的表格上面的下拉菜单以获得详细说明.

小额索赔案件的费用是多少?

点击这里 去看收费表.

何时可以提出小额索偿投诉?

People should try to settle their disputes and disagreements out of court whenever possible. If an agreement cannot be reached, a small claims complaint may be filed. The types of claims that can be filed in the small claims division include:

  • 金钱债务
  • 人身伤害
  • 财产损失
  • 合同

The types of claims that cannot be filed in the small claims division are those for:

  • 诽谤或诽谤
  • 预先判断的补救措施
  • 禁令救济
  • 特定的性能
  • 集体诉讼
  • 6686皇冠最新登陆违规
  • 刑事案件
  • 索赔金额超过3500美元.
  • 驱逐(强行进入或拘留)
  • actions against this state: it's political subdivisions; OR
  • 具有官方身份的官员或雇员.e.州、县、市、盐河工程等.)

The clerks at the 6686皇冠最新登陆 are available to answer most questions relating to jurisdiction, 聚会地点, 本网站无法为您解答的申诉或程序. 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.*时间限制适用于民事诉讼和小额索赔. 请注意，此列表仅供参考. Not all of the cases listed below can be filed or heard in Justice Court. 点击 在这里 查看亚利桑那州法律概述的诉讼时效法规.

  • One year - Malicious prosecution; false imprisonment; 诽谤或诽谤; breach of employment contract; wrongful termination; liability created by statute (Arizona Revised Statutes § 12-541).
  • Two years - Personal injury; injury when death ensues; damage to property; conversion of property; product liability; forcible entry and forcible detainer (Arizona Revised Statutes § 12-542)
  • Three years - Debt from oral contract; stated or open account; relief on ground of fraud or mistake (Arizona Revised Statutes § 12-543)
  • Four years - 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; 特定的性能 of contract to convey realty (Arizona Revised Statutes § 12-544, 545, 546)
  • Six years - Written 合同 for debt (Arizona Revised Statutes § 12-548)
  • Four years - Actions for which no limitation is otherwise prescribed (other than for recovery of real property) (Arizona Revised Statutes § 12-550) *Under some special circumstances, 时间限制可以延长或推迟. Please consult an attorney to determine if these circumstances apply to your case.
小额索偿个案如何提出?

A plaintiff (the person or organization bringing the suit) begins a small claims case by filing a Complaint with the proper justice court. 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.

被告如何收到诉状?
  • 传票和诉状必须送达每一名被告. 这被称为“流程服务”. The summons and complaint may be served by registered or certified mail, return receipt requested. 被告签收即视为送达完成. 回执必须提交法院. If the postal service does not enter a date of delivery or the date is not legible, service is deemed complete on the date the return receipt is filed with the court. The plaintiff may file the return receipt (the green card) with the court in person or by first class mail. Remember, each named defendant must be served a copy of the complaint/summons. You should use restricted delivery to ensure the named party signs the return receipt. 如果索赔对象是公司, the statutory agent or an officer of the corporation must be served on behalf of the corporation named in the complaint. You may obtain the name and address of a statutory agent or corporate officer by calling the Arizona Corporation Commission at (602) 542-3026.
     
  • You can also serve the defendant through the 莫哈维族县 Sheriff's Office, Constable或私有流程服务器. You can use this method if the defendant cannot be served by registered or certified mail. Any registered private process server will serve the summons and complaint for a fee. 流程服务公司可以在黄页上找到. 法院不能推荐特定的程序服务器. Some courts may have drop boxes for process servers in which documents can be placed.
聚会地点

如果投诉地错了, 被告可以提出变更审判地点的动议. 表格可向法庭索取. 原告可以对所要求的变更提出异议. 如果法院命令更改审判地点, the case shall be transferred to the proper precinct and the plaintiff shall pay all fees. The motion alleging improper 聚会地点 must be made before filing the ANSWER. If the defendant fails to file a timely request for a change of 聚会地点, that right is waived.

费用

点击这里 查看与提起诉讼和回应诉讼相关的费用列表.

如何处理小额索偿投诉?

在收到传票和投诉后, 被告有20天的时间向法院提出答辩. 如果被告在20天内未提出答辩, 原告可以提起违约诉讼. If the Defendant is served out of state, they have 30 days to file an answer.

如何提出反申索?

反诉是被告的陈述, not necessarily opposing the plaintiff's claim but alleging other facts to establish a claim by the defendant against the plaintiff. The defendant's counterclaim may also demand money from the plaintiff. 如果这个需求不超过3500美元.这案子仍在小额索赔部处理.

If it exceeds this amount, the case is transferred out of the small claims division. 所有反诉在提交答辩时一并提交. If not, the defendant will have to pay a separate filing fee to file a counterclaim. 浏览网上表格 & 以上说明.

如果没有提交答案会发生什么?

如果被告不提交答辩, 或者原告没有对反诉作出答复, 服务完成后20天内, 债务人可以向法院提出违约申请. If the party claimed to be in default fails to file a responsive pleading within 10 judicial days of the notice of entry of default, 系统将采用默认值. It is your responsibility to file a Request for Entry of Default Judgment with or without a hearing. 成本表和索赔证明(收据、合同等).)也必须归档并送达诉讼各方. The court will accept an answer or other responsive pleading at any time prior to the expiration of the 10 judicial days.

如果被告不提交答辩, 或者原告没有对反诉作出答复, 服务完成后20天内, 债务人可以向法院提出违约申请. If the party claimed to be in default fails to file a responsive pleading within 10 judicial days of the notice of entry of default, 系统将采用默认值. It is your responsibility to file a Request for Entry of Default Judgment with or without a hearing. 成本表和索赔证明(收据、合同等).)也必须归档并送达诉讼各方. The court will accept an answer or other responsive pleading at any time prior to the expiration of the 10 judicial days.

我如何为审判做准备?

The clerk will notify both parties of the time and place of the trial. 如果任何一方希望将审判推迟到以后的日期, a Request for Continuance form must be filed with the court by that party. 此表格可向法庭书记员索取.

Only the most serious reasons will be considered by the court in ruling on this request. 审判前, both the plaintiff and defendant should write down the facts and details of the case in the order in which events occurred. Both parties should bring all witnesses and necessary papers (for example, 账单, 收据, 价格估计, 损坏图片, 等.当他们出庭受审时. 如果原告和被告在审判前达成和解, 当事人必须通知法院, 以书面形式, 驳回诉讼.

庭审中会发生什么?
在审判的那天, both parties must appear on time before the judge or hearing officer and testify. The court will also hear the defendant's counterclaim, if one has been filed. 在双方都提交了证人之后, 证言与证据, 法官或听证官将作出决定, 叫做判决, 并将判决记录在法庭记录中. In most cases 判断 is announced at trial; however, 法官有10个审判日来考虑案件中的事实, 研究法律, 作出判决，邮寄通知当事人.
如果我不出庭会怎么样?

如果被告没有出庭, the judge or hearing officer may hear testimony from the plaintiff and his or her witnesses, examine other evidence presented by the plaintiff and enter a judgment against the defendant. If the plaintiff fails to appear at trial, the court may, and probably will, dismiss the case. 如果双方都未能出庭，该案件将被驳回.

法院的决定可否上诉或更改?
Neither party can appeal the decision of the judge or hearing officer in a small claims case. 如果任何一方认为判决有误, 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.
怎样收取判决书?
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.
  • Judgment Debtor Exam/Supplemental Proceedings - 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).
  • Writ of Garnishment - A Writ of Garnishment of earnings can be issued after you make a formal written demand for payment of 判断 amount. A Writ of Garnishment on non-earnings can be issued to garnish other assets, 比如银行账户或其他收入财产.
  • Writ of Execution - A Writ of Execution empowers the Constable to levy on non-exempt personal property of value. 您必须提供物业的描述和位置.
  • 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, 根据亚利桑那州修订法规第28-4071条. 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.

其他信息
Either a Justice of the Peace or an appointed Volunteer Hearing Officer may hear your case. Any party may object to the use of a hearing officer prior to the hearing date. 法院可以给你提供一份表格来提出反对. The case will then be referred to and heard by the Justice of the Peace. 亚利桑那州修订法规第22-506条.