Legal Question in Business Law in Arizona

Re: Forms

Your question causes me to wonder if you are on the verge of a recovery or a disaster. Seriously, if you have such a case that the amount in question is very small, go to the Justice Court and fill our their forms as best you can. If you need to ask the question you did, you may need more information to be able to be your own attorney. Lawsuits are tricky. They do actually teach you something in the years of law school, study for the bar exam, and the years of experience you get as an attorney.

Litigation is an art, and to an extent it can be done in a paint-by-numbers fashion, but it is very tricky for the uninitiated. And most tribunals don't have Judge Judy--if they did, it would probably be easier to get justice in small claims.

A lawsuit is initiated by filing a "Complaint," and serving it and a Summons on the defendant. In the Superior Court there is also a Certificate on Arbitration in some counties. After being personally served by a process server or deputy with a copy of the Summons and the Complaint, the defendant (make sure you get the proper party named) has 20 days to file an Answer. If he doesn't, an Affidavit on Default needs to be filed and mailed to him. Ten court days after that, if no answer is filed, you can submit a default judgment with a motion for default judgment. If he files an answer, a hearing will be set. It is the plaintiff's job to see that the Court sets the hearing--you have to be pro-active. At trial, submit legal evidence and testimony for your case.

That's more than your question called for, but perhaps you will be helped in your quest. Good luck.

Sincerely,

James D. Jenkins

Re: Forms

The Maricopa County Superior Court, as well as other courts, such as Small Claims or Justice Court, have prepared forms for certain legal actions. That would be a good place to start.