Legal Question in Credit and Debt Law in Arizona

filing a claim that exceeds $2500.00

how do a go about filing a claim against somebody a loaned 3500.00 plus interest. I have a signed and notorized agreement.


Asked on 2/14/07, 3:38 pm

1 Answer from Attorneys

Re: filing a claim that exceeds $2500.00

You should go to the local Justice Court for your county. You can also file in Superior Court, but it is much more expensive with regard to filing fees, and it usually takes longer to resolve a case.

Usually the justice courts have pre-prepared forms for a "Civil Complaint". It usually has instructions that you can follow. You will need to have a process server serve the papers for you, or follow the Arizona Rules of Civil Procedure and request "waiver of service." If the defendant does not agree, then they may have to pay the costs of service.

You may have an attorney represent you in Civil Justice Court. You can sometimes check with the clerks if they know attorneys who regularly practice in Justice Courts, like the firm where I practice. Many attorneys are unfamiliar with Justice Court.

You should note that you may be awarded attorney fees by the court if you win on your contract claim. However, the most important question for most people is whether you will be able to collect the judgment against the debtor.

Best of luck.

Read more
Answered on 2/16/07, 7:39 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Arizona