How to file a lawsuit in small claims courts in Arizona

Question: We own a rental home in Glendale. Our tenant for the last two years has been great, but there have been constant problems with the septic system. We paid a septic company $4,000 for various repairs, but there were still problems. We hired another septic company, who seem very competent. They immediately said that the septic system needed to be replaced, and could never have been repaired. In other words, they implicitly said that the first septic company ‘stole’ $4,000 from us. Our tenant is very happy with the new septic system. The first septic company has refused to email us back to discuss a refund of even some of our $4,000. What can we do?

Answer: File a lawsuit in the small claims division of your local justice court. Lawsuits in Small Claims are limited to disputes of $5,000 or less. If you don’t know the location of your local justice court, you can call any justice court in Arizona and give them your address, and they will tell you. At your local justice court there will be paperwork to explain the process, including how to serve the first septic company. The Small Claims division is like Judge Judy’s court on TV. In other words, just you, the septic company representative and any witnesses will testify. No attorneys, no jury and no appeal.

Note: The jurisdictional limit for the Small Claims division has recently increased from $3,500 to $5,000.