CIVIL, SMALL CLAIMS AND EVICTION ACTIONS BROUGHT TO YOU BY: LISA COLLINS, COURT MANAGER, AGUA FRIA JUSTICE COURT, MARICOPA COUNTY

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1 CIVIL, SMALL CLAIMS AND EVICTION ACTIONS BROUGHT TO YOU BY: LISA COLLINS, COURT MANAGER, AGUA FRIA JUSTICE COURT, MARICOPA COUNTY

2 CIVIL ACTIONS

3 STATUTE OF LIMITATIONS The Statute of Limitations is the timeframe in which a lawsuit can be filed 1 year Breach of employment contract; wrongful termination; liability created by statute ARS years Personal Injury; damage to property; product liability ARS years Debt from Oral contract; open account; relief on grounds of fraud or mistake ARS years Business agreement between partners or merchants ARS years Written contracts for debt ARS General limitation 4 years When there is no specific limitation outlined ARS12-550

4 JURISDICTION ARS B: JUSTICES OF PEACE HAVE EXCLUSIVE ORIGINAL JURISDICTION OF ALL CIVIL ACTIONS WHEN THE AMOUNT INVOLVED, EXCLUSIVE OF INTEREST, COSTS AND AWARDED ATTORNEY FEES WHEN AUTHORIZED BY LAW, IS TEN THOUSAND OR LESS THE JUSTICE COURT DOES NOT HAVE JURISDICTION TO DETERMINE: Actions for Specific Performance Class Actions Injunctive Relief Filing of a foreign judgment A claim seeking relief by requiring exact performance A large group of persons interested in the same cause of action An Injunction or restraining order to prevent an event from taking place A judgment awarded in another state

5 VENUE Venue means: the court (or precinct) where a case may be heard. Actions may be brought in the precinct where the debt occurred, where the defendant resides, or where the defendant does business. ARS Venue

6 HOW TO CALCULATE TIME JCRCP Rule 115 If it happened today, today doesn t count. Less than 11 days, weekends & legal holidays are not counted (Judicial Days). 11 days or More, weekends & legal holidays are counted (Calendar Days). If the last day is a weekend or legal holiday, the next day is the last day of the calculation.

7 COMPLAINT & SUMMONS Who can represent: An Individual spouse can not represent spouse Attorney Partnership Officer for Corporation

8 Personal Service Service by a process server is deemed completed on the date of delivery. SERVICE OF THE COMPLAINT Publication Service is deemed complete 30 days from the first date of publication. Alternative Service Upon a person or location other than the named party or the party s residence Acceptance of Service Evidenced by the signature of the defendant, together with a statement that service was accepted or formal services is waived JCRCP 113

9 ANSWER The defendant has 20 calendar days (30 days if outside the state of AZ) from the date of service to file an Answer. JCRCP 114

10 COUNTERCLAIM The defendant may file a Counterclaim against the plaintiff. It must be filed with the answer. The plaintiff is still the plaintiff and the defendant is still the defendant. The Counterclaim is served by regular mail. The plaintiff has 20 calendar days to file a reply to the counterclaim (20+5 mailing). JCRCP 117

11 DISCLOSURE STATEMENT EACH PARTY MUST EXCHANGE INFORMATION WITHIN 40 CALENDAR DAYS TO INCLUDE: A LIST OF WITNESSES PEOPLE WITH KNOWLEDGE COPIES OF EXHIBITS AND INFORMATION

12 DEFAULT JCRCP 140

13 JCRCP 140 REQUESTNG DEFAULT JUDGMENT

14 JUDGMENT Court s determination of the claim A ruling on the judgment to be made within 60 days Judgment will be in writing

15 COMMON HEARINGS SETTLEMENT CONFERENCE PRE TRIAL CONFERENCE ORAL ARGUMENTS FOR MOTIONS MEDIATION JURY TRIAL DEFAULT TRIALS

16 COMMON MOTIONS EXTENSION OF TIME TO SERVE JUDGMENT ON THE PLEADING FOR ALTERNATIVE SERVICE SUMMARY JUDGMENT TO CONTINUE

17 DISMISSAL VOLUNTARY Before Answer is filed By Motion or Stipulation After Answer is filed JCRCP 144

18 COLLECTION OF MONEY JUDGMENT OPTIONS FOR COLLECTING A MONEY JUDGMENT: HIRE AN ATTORNEY TO COLLECT FOR YOU REFER TO A COLLECTION AGENCY SUPPLEMENTAL PROCEEDINGS (JDE) GARNISHMENT WRIT OF EXECUTION JUDGMENT LIEN DRIVER S LICENSE LIEN (TORT MOTOR/CAR ACCIDENT) (SUSPENSION OF DRIVER S LICENSE) JUDGMENT RENEWAL / SATISFACTION

19 CREDITOR OBLIGATION Satisfaction of Judgment

20 Appeal Time Within14 calendar days from the date of the order, ruling, or judgment being appealed, the Appellant (the appealing party) must: File: Notice of Appeal Designation of Record Cost bond and/or Affidavit of Inability to Post Cost Bond Pay: Fees Bonds

21 SMALL CLAIMS CASE PROCESSING

22 Establishment of Small Claims Division : There is established in each Justice Court a division designated as the Small Claims Division A. The Small Claims division has concurrent original jurisdiction with the justice court in all civil actions in which the debt, damage, tort, injury or value of the personal property claims either by the plaintiff or defendant does not exceed three thousand five hundred dollars, exclusive of interest and costs, and in actions in which a party seeks to disaffirm, avoid or rescind a contract, or seeks equitable relief, and the amount at issue does not exceed three thousand five hundred dollars.

23 Small Claims Division does not have jurisdiction over the following: 1) Those matters excluded from justice court jurisdiction as provided in section ) Actions involving claims of defamation by libel or slander 3) Actions in forcible entry, forcible detainer or unlawful detainer 4) Actions for specific performance 5) Actions brought or defended on behalf of a class (Class Action) 6) Actions requesting or involving prejudgment remedies 7) Actions involving injunctive relief 8) Traffic violations and other criminal matters 9) Actions against this state, its political subdivisions or an officer or employee of the state or its political subdivisions in his official capacity.

24 SMALL CLAIMS COMPLAINT Starts with filing a Complaint and Summons. The complaint must contain this warning: Warning you do not have the right to appeal the decision of the hearing officer or the justice of the peace in a small claims court. If you wish to preserve your right to appeal, you may have your case transferred to the justice court pursuant to section A, Arizona Revised Statutes, if you request such transfer at least ten days prior to the day of the scheduled hearing. Who Can Represent: An Individual Spouses either spouse can represent the marital community or both can represent the marital community Attorney Partnership Officer for Corporation

25 SERVICE OF THE COMPLAINT Personal Service Service by a process server is deemed completed on the date of delivery. Certified Mail Service deemed completed is evidenced by the signature of the party served on the return receipt if served by certified mail, with restricted delivery. Note: If the defendant is not the signer, the plaintiff may not be entitled to a default judgment. Publication Service is deemed complete 30 days from the first date of publication.

26 ANSWER JCRCP 114

27 TRANSFER TO CIVIL DIVISION ARS

28 THE HEARING The hearing shall be set within sixty days of the filing of the defendant s answer. The small claims hearing may be heard by a Justice of the Peace or a Small Claims Hearing Officer. There is no right to a jury in the small claims division. There is no right to appeal. Any evidence offered may be admitted, if the Judge or Hearing Officer deems it to be relevant. Discovery proceedings shall not be used in small claims ARS ,516, 518

29 MOTIONS There are only two Motions allowed in Small Claims Venue Vacate Remember the two V s ARS B

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31 WHAT IS AN EVICTION ACTION? AN EVICTION ACTION IS A LAWSUIT FILED BY A LANDLORD WHO IS ASKING THE COURT TO DETERMINE IF THE TENANT SHOULD BE EVICTED OR HAS A LEGAL RIGHT TO REMAIN ON THE PROPERTY.

32 LANDLORD TENANT ACT THE RESIDENTIAL LANDLORD AND TENANT ACT AND ARIZONA RULES OF PROCEDURE FOR EVICTION ACTIONS:

33 THREE EVICTION ACTION TYPES SPECIAL DETAINER INVOLVES ANY VIOLATION OF RIGHT OR OBLIGATION UNDER A RENTAL AGREEMENT OR THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT. IT APPLIES SPECIFICALLY TO A LEASED OR RENTED APARTMENT, HOUSE OR MOBILE HOME. IMMEDIATE INVOLVES A MATERIAL AND IRREPARABLE BREACH. A VIOLATION THAT IS SO SERIOUS IT CANNOT BE CORRECTED OR MADE RIGHT IT IS IRREPARABLE. FORCIBLE DETAINER INVOLVES AN UNLAWFUL ENTRY OR HOLDING OF LAND OR TENEMENT WITHOUT THE CONSENT OF THE PERSON HAVING LAWFUL POSSESSION. IT ALSO APPLIES TO AN ENTRY BY A LANDLORD UPON THE TENANT S POSSESSION (UNLAWFUL OUSTER).

34 NOTICES Notice for non-payment of Rent Notice to terminate week-to-week Notice of violations of health and safety Notice of violations of rental agreement Notice to terminate the rental agreement Notice of abandonment 5 days 10 days 5 days 10 days 30 days 5 days

35 FILING THE EVICTION ACTION RULES

36 HEARING DATES Special Detainer Forcible Detainer Immediate Not more than 6 nor less than 3 days from the date complaint filed and summons issued No more than 5 Judicial Days after complaint filed and summons issued No later than the 3 rd day after complaint filed and summons issued Rules of Procedure for Eviction Actions Rule 3: Computation of time Unless other wise stated in these Rules, or unless an applicable statue provides otherwise, the time limitations prescribed in these rules shall mean calendar days.

37 SERVICE ARS A Immediate Evictions must be served by personal service. Personal Service: Personally upon the party or parties named. Post and Mail (Special Detainer only): Tenant is deemed to have received the summons 3 days after the summons is mailed if personal service is attempted and within one day of issuance of summons a copy of the summons is conspicuously posted on the main entrance of the tenant s residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant s last known address. Service must be perfected at least two days before the hearing.

38 THE ANSWER If defendant enters a plea of Not Guilty a written answer may be required to assert defenses before trial. Answer fee required. Counterclaim must be filed at the time of the answer

39 JUDGMENT ISSUED IN FAVOR OF THE PLAINTIFF OR DEFENDANT. FOR PLAINTIFF: JUDGMENT FOR BACK RENT, COURT COSTS, ATTORNEY FEES AND ANY OTHER FEES ALLOWED FOR IN LEASE. JUDGMENT WILL ALSO STATE A DATE WHEN A WRIT OF RESTITUTION CAN BE ISSUED: SPECIAL OR FORCIBLE DETAINER: 5 DAYS AFTER THE JUDGMENT IMMEDIATE: NOT LESS THAN 12 NOR MORE THAN 24 HOURS

40 WRIT OF RESTITUTION WRIT OF RESTITUTION MUST have a copy of the Judgment.

41 COLLECTING ON THE JUDGMENT COLLECTION ON AN EVICTION ACTION JUDGMENT IS THE SAME AS FOR A REGULAR CIVIL OR SMALL CLAIMS: GARNISHMENTS LIENS ON REAL PROPERTY (AFTER RECORDING IN SUPERIOR COURT) WRITS OF EXECUTION

42 OTHER EVICTION ACTION TYPES Unlawful Ousters ARS Commercial Detainer Title 33 Chapter 3 Mobile Home Park ARS Recreational Vehicles (RV s) ARS DomesticViolence Victims ARS

43 Appeal Time Within 5 calendar days from the date of the order, ruling, or judgment being appealed, the Appellant (the appealing party) must: File: Notice of Appeal Designation of Record Cost bond and/or Affidavit of Inability to Post Cost Bond Pay: Fees Bonds

44 QUESTIONS