Arizona Small Claims Cases and Class Action Lawsuits

In Arizona, small claims are typically filed to recover monies and properties involving $3,500 or less. There are no appeals, juries, or attorneys needed in a small claims action. The justice court generally handles small claims such as assault and battery, drunk driving cases, evictions, contract disputes, and boundary disputes. Usually, individuals, partnerships, associations, and corporations file complaints in a justice court within the defendant’s jurisdiction as provided by A. R. S. 22–202.

A class action in Arizona is a type of lawsuit or legal proceeding pertaining to multiple petitioners (including employees, consumers, investors, or patients taking legal action against an individual or organization. Class action lawsuits typically vocalize corresponding claims against a defendant in a bid to restore parity and get a settlement. In several cases, class action lawsuits are used to settle matters relating to defective products, securities fraud, misleading advertisements, defective drugs, financial crimes, and environmental hazards.

What is a Class Action Lawsuit in Arizona?

In Arizona, class action lawsuits are usually filed for the benefit of many individuals against a defendant whose service or product has caused harm or brought about injuries or discomfort due to circumstances about adverts, violations, fraud, or defective products. Filing a class action lawsuit in Arizona typically requires proper adherence to specific rules. Class members are usually required to:

• Define the class, the claims, the issues, and the defense.
• Appoint adequate legal representation.
• Ensure to protect the interests of the class.
• Have the same questions of law or facts.

How do I File a Claim in an Arizona Small Claims Court?

Parties that want to file for small claims in Arizona are expected to file the necessary forms. These forms are usually available online and may be filed at the court where the defendant lives. Per A. R. S. § 22–202, a completed petition should contain:

• The complete name of the defendant and plaintiff.
• A written document stating that the court has legal jurisdiction over the subject matter
• A concise and factual basis of each claim

Filing a complaint typically attracts a filing fee of $73 in cases where the amount in controversy is more than $50. After filing the small claims form, the plaintiff may proceed to file the petition against the defendant. The court will then set a date for the hearing and the judgment. Both the defendant and the plaintiff may mutually agree to use an attorney. Additionally, small claims cases generally do not allow for a jury trial or an appeal.

Do I Need a Small Claims Lawyer?

Arizona civil law may restrict the involvement of lawyers in small claims cases, except under special conditions. According to Arizona Revised Statutes 22–512, lawyers are typically exempt from the processing of a small claims case in a court of law, including prosecution, defense, and filing, unless both parties in the case agree in writing to involve attorneys in any part of the process. If both parties do not agree to include lawyers in the case, no side can be represented in any part of the legal process by legal counsel. Nevertheless, an attorney may increase the chances of a client winning the suit or at least mitigate the damages they may otherwise be liable for.

How do Class Action Lawsuits Work in Arizona?

A class-action lawsuit usually starts by filing a complaint in court. The person who files the complaint and initiates the complaint is the lead plaintiff, and the group of people who have suffered the injury and are seeking recompense is referred to as “a class.” The complaint typically details the damage suffered by the plaintiffs and demonstrates the role of the defendant in causing the injury. The plaintiff should also state the form of redress desired from the defendant. After filing the petition and the court accepts the case, the plaintiff may proceed to serve a copy of the complaint to the defendant along with a summons, with evidence of the receipt presented to the court. The defendant may then file a response to the complaint, either admitting or denying the allegations. The plaintiff and the defendant can exchange information to reinforce the stance that either party presents to the court. 

Class action lawsuits are usually tried before a jury which renders verdicts according to the evidence before the court. The party that loses the suit can appeal the decision given at the court to a court of higher jurisdiction. In this case, the Arizona Court of Appeals. Where the defendant is found guilty, they may agree to a settlement with the plaintiff, or, if the compensation is monetary, all the plaintiffs in the class action will be entitled to a portion of the settlement amount. A class action can take a varying amount of time to settle, from one to several years, depending on the case

Is a Class Action Better Than a Single Party Suit?

A class-action lawsuit resolves a similar claim of a large number of people at the same time in a process, effectively disposing of a large complaint from many people, which may take up much time to address individually. Class-action lawsuits may not be better than a single-party suit but might be ideal for settling some special legal disputes. Attempting to use a single-party suit in a situation where a class action may be more effective can be detrimental to the plaintiff as the cost of the claim can outweigh the benefit. In some cases, class action lawsuits can be more successful than single-party filings.

Arizona public records are also accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in Arizona?

Small claims cases are heard at the justice courts in Arizona. The justice courts are trial courts of limited jurisdiction with the legal authority to preside over some civil and criminal cases under Title 22 of the Arizona Revised Statutes. The jurisdiction of the justice courts generally covers:

• Small Civil Proceedings: These lawsuits do not allege criminal actions but seek recompense for an injury suffered. Civil proceedings heard in the justice courts include suits in which the amount in dispute is less than $10,000, small claims cases, landlord-tenant issues, and breach of contract cases.
• Criminal Proceedings: Criminal proceedings result from offenses against the state. The justice courts have the jurisdiction to hear criminal cases that do not rank as felonies. Examples are assault and battery, DUIs, and underage drinking.
• Traffic Law Violations: These refer to behavior or actions that flout the state of Arizona’s traffic laws. This may include offenses such as running a red light and speeding. The justice courts hear all traffic law violation cases.