Small Claims Answer

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Arizona requires the use of an official court-provided answer form for small claims
responses filed in Justice Court. This template provides the substantive legal content
to help you prepare — but you must obtain the official answer form from your local
Justice Court and transfer your content to it before filing. Official forms and
instructions are available at https://www.azcourts.gov/legalinfohub/Legal-Info-Sheets/Small-Claims/Defendants-Response.
Do not file this document directly with the court.

IN THE SMALL CLAIMS DIVISION

[________________________________] COUNTY JUSTICE COURT

STATE OF ARIZONA

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

FILING DEADLINE NOTICE

This Answer must be filed within TWENTY (20) CALENDAR DAYS after service of the Summons and Complaint. See A.R.S. § 22-512; Arizona Rules of Small Claims Procedure. Failure to file a timely Answer may result in a default judgment being entered against you pursuant to A.R.S. § 22-516 and Arizona Justice Court Rules of Civil Procedure, Rule 140.

• Date Summons and Complaint were served on Defendant: [__/__/____]
• Deadline to file this Answer: [__/__/____]
• Date this Answer is being filed: [__/__/____]

I. DEFENDANT INFORMATION

Defendant appears in this action:

☐ Pro se (self-represented, without an attorney)
☐ By counsel — Attorney information below:

Note: Under Arizona Small Claims Procedure, parties are generally not represented by attorneys in the Small Claims Division, but representation is permitted. If either party is represented by an attorney, the opposing party may also retain an attorney. See A.R.S. § 22-504.

II. PRELIMINARY STATEMENT

1. Defendant, [________________________________], hereby submits this timely Answer to the Small Claims Complaint ("Complaint") filed by Plaintiff, [________________________________] ("Plaintiff"), in the above-captioned matter.

2. This Answer is filed pursuant to A.R.S. § 22-512 and the Arizona Rules of Small Claims Procedure, within the twenty (20) calendar days allowed after service of the Summons and Complaint.

3. All allegations contained in the Complaint that are not expressly admitted herein are hereby denied, and Defendant demands strict proof thereof.

III. RESPONSES TO PLAINTIFF'S ALLEGATIONS

Defendant responds to each numbered allegation of the Complaint as follows:

Instructions: For each paragraph of the Complaint, check the appropriate response and provide any explanation.

Allegation No. 1

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 2

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 3

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 4

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 5

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 6

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Add additional allegation responses as needed to match the Complaint.

IV. DEFENDANT'S STATEMENT OF FACTS

Defendant states the following facts in support of this Answer:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

7. [________________________________]

8. [________________________________]

Note: In Arizona small claims proceedings, parties present evidence informally. However, you should clearly state the facts that support your position and bring all supporting documents, photographs, receipts, contracts, text messages, emails, and other evidence to the hearing.

V. AFFIRMATIVE DEFENSES

Defendant asserts the following defenses without assuming any burden of proof not otherwise imposed by law. Each defense is pleaded separately and in the alternative:

Defense No. 1: Failure to State a Claim

Plaintiff's Complaint fails to state a claim upon which relief can be granted. Even accepting all allegations as true, no legally cognizable cause of action is established under Arizona law.

Defense No. 2: Statute of Limitations

Plaintiff's claims are barred, in whole or in part, by the applicable Arizona statutes of limitations, including:

• A.R.S. § 12-543: Two (2) years for personal injury, property damage, wrongful death, and trespass
• A.R.S. § 12-548: Three (3) years for actions on a liability created by statute
• A.R.S. § 12-550: Four (4) years for fraud and mistake
• A.R.S. § 12-541: One (1) year for malicious prosecution, false imprisonment, defamation, and malpractice
• A.R.S. § 12-548(A)(1): Three (3) years for breach of oral contract
• A.R.S. § 12-548(A)(2): Six (6) years for breach of written contract

Defense No. 3: Payment, Accord, and Satisfaction

Any amounts allegedly owed by Defendant to Plaintiff have been paid in full, settled by accord and satisfaction, or otherwise discharged.

Defense No. 4: Setoff and Recoupment

Defendant is entitled to set off against any amount owed to Plaintiff sums that Plaintiff owes to Defendant arising from the same or related transactions.

Defense No. 5: Lack of Standing

Plaintiff lacks standing to bring this action because Plaintiff has not suffered a legally cognizable injury or is not the real party in interest.

Defense No. 6: Estoppel, Waiver, and Laches

Plaintiff is estopped from asserting these claims, has waived the right to bring these claims, or is barred by the doctrine of laches due to unreasonable delay causing prejudice to Defendant.

Defense No. 7: Failure to Mitigate Damages

Plaintiff failed to take reasonable steps to mitigate damages. Any alleged losses are attributable, in whole or in part, to Plaintiff's failure to mitigate. See Marquette Venture Partners II, L.P. v. Leonesio, 227 Ariz. 179 (Ct. App. 2011).

Defense No. 8: Comparative Fault

Pursuant to A.R.S. § 12-2505 (Arizona's Comparative Fault Statute), Plaintiff's own negligence or fault caused or contributed to any damages alleged. Arizona follows a pure comparative fault system; Plaintiff's recovery must be reduced in proportion to Plaintiff's percentage of fault.

Defense No. 9: Unclean Hands

Plaintiff has engaged in inequitable conduct relating to the subject matter of this action, and equitable relief should be denied under the doctrine of unclean hands.

Defense No. 10: Illegality or Void as Against Public Policy

The agreement, transaction, or conduct underlying Plaintiff's claims is illegal, unconscionable, or void as against Arizona public policy.

Defense No. 11: Reservation of Additional Defenses

Defendant reserves the right to assert additional defenses as they become known through investigation or preparation for the hearing.

VI. COUNTERCLAIM

Complete this section ONLY if Defendant has a claim against Plaintiff. If no counterclaim is asserted, check the box below and skip to Section VII.

☐ No Counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim Asserted. Defendant asserts the following counterclaim against Plaintiff pursuant to A.R.S. § 22-512.

IMPORTANT NOTICE REGARDING COUNTERCLAIMS

• A counterclaim may be filed at the same time as the Answer. See A.R.S. § 22-512.
• If the counterclaim amount does not exceed $3,500 (exclusive of interest and costs), the case remains in the Small Claims Division. See A.R.S. § 22-503.
• If the counterclaim amount exceeds $3,500, the case will be transferred out of the Small Claims Division to the regular Justice Court civil division.
• If the court determines that a counterclaim exceeding $3,500 was filed for the sole purpose of avoiding small claims proceedings, the court may award the Plaintiff court costs plus reasonable attorney fees. See A.R.S. § 22-503.
• Counterclaims cannot be amended once filed in the Small Claims Division.
• If Defendant files a counterclaim, Plaintiff has twenty (20) days to file an answer to the counterclaim.

A. Counterclaim Parties

B. Jurisdiction and Venue

This counterclaim is properly brought in the Small Claims Division of the [________________________________] County Justice Court because:

☐ The amount in controversy does not exceed $3,500, exclusive of interest and costs (A.R.S. § 22-503)
☐ The counterclaim arises from the same transaction or occurrence as the Complaint
☐ Venue is proper in this county pursuant to A.R.S. § 22-201

C. Type of Counterclaim

☐ Breach of Contract (written)
☐ Breach of Contract (oral)
☐ Property Damage
☐ Return of Security Deposit (A.R.S. § 33-1321)
☐ Unpaid Wages / Services
☐ Money Had and Received / Unjust Enrichment
☐ Fraud / Misrepresentation
☐ Consumer Protection Violation (A.R.S. § 44-1521 et seq.)
☐ Breach of Warranty
☐ Conversion of Property
☐ Other: [________________________________]

D. Factual Allegations Supporting Counterclaim

State the facts giving rise to your counterclaim clearly and in numbered paragraphs:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

E. Damages Sought on Counterclaim

Counter-Claimant seeks judgment against Counter-Defendant in the amount of:

$[________________________________]

This amount includes:

☐ Actual/compensatory damages: $[________________________________]
☐ Return of security deposit: $[________________________________]
☐ Repair / replacement costs: $[________________________________]
☐ Lost wages / income: $[________________________________]
☐ Other: $[________________________________]

Plus the following additional relief:

☐ Pre-judgment interest as permitted by law
☐ Post-judgment interest at the statutory rate (A.R.S. § 44-1201: 10% per annum)
☐ Court costs
☐ Such other relief as the Court deems just and proper

F. Supporting Documents for Counterclaim

List all documents Defendant intends to present at the hearing in support of the counterclaim:

☐ Contract / written agreement
☐ Receipts / invoices
☐ Photographs
☐ Text messages / emails
☐ Correspondence / demand letters
☐ Estimates / repair quotes
☐ Bank / financial records
☐ Witness statements
☐ Other: [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Deny Plaintiff's Complaint in its entirety and enter judgment in favor of Defendant;

B. Enter judgment in favor of Defendant on the Counterclaim (if asserted) in the amount of $[________________________________], plus allowable pre-judgment and post-judgment interest;

C. Award Defendant recoverable court costs pursuant to A.R.S. § 22-504;

D. Grant such other and further relief as the Court deems just and proper.

VIII. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Arizona that the foregoing Answer (and Counterclaim, if applicable) is true and correct to the best of my knowledge, information, and belief. I understand that a false statement may subject me to penalties for perjury under A.R.S. § 13-2702.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Answer, Affirmative Defenses, and Counterclaim was served upon the Plaintiff by the following method:

☐ First-class U.S. Mail, postage prepaid, addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Certified mail, return receipt requested, addressed to:

[________________________________]
[________________________________]
[________________________________]
Certified Mail Tracking No.: [________________________________]

☐ Hand delivery / personal service to:

[________________________________]
[________________________________]

☐ Electronic service (if authorized by the Court or agreed upon by the parties) to:

[________________________________]

Note: Arizona small claims rules permit service of the Answer by first-class mail unless the Court orders otherwise. Retain proof of mailing (certificate of mailing receipt from the post office). See Arizona Rules of Small Claims Procedure.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

X. HEARING INFORMATION AND PREPARATION

A. Hearing Date and Location

B. What to Bring to the Hearing

☐ A copy of this filed Answer
☐ A copy of the original Complaint
☐ All contracts, agreements, or written documents relevant to the dispute
☐ Receipts, invoices, estimates, or proof of payment
☐ Photographs or video evidence
☐ Text messages, emails, or other written communications
☐ A list of witnesses you intend to call (with contact information)
☐ Subpoenas for witnesses (if issued pursuant to A.R.S. § 22-504)
☐ Any other evidence that supports your defense or counterclaim
☐ Photo identification

C. Important Hearing Rules

• Both parties will have an opportunity to present their case informally.
• Formal rules of evidence do not apply in small claims court, but the judge may exclude irrelevant evidence.
• There is no jury in small claims court. The judge will decide the case. See A.R.S. § 22-504.
• If you fail to appear at the hearing, a default judgment may be entered against you.
• Hearings are generally brief (15 to 30 minutes).
• Interpret requests may be made in advance through the court clerk's office.

XI. FILING REQUIREMENTS AND FEES

A. Filing Fee

The filing fee for an Answer in the Small Claims Division varies by county. Contact the [________________________________] County Justice Court Clerk to confirm the current fee.

☐ Filing fee paid: $[________________________________]
☐ Fee waiver / deferral application submitted (Application for Deferral or Waiver of Fees)

B. Filing Methods

☐ In person at the Justice Court Clerk's office
☐ By mail to the Justice Court Clerk
☐ Electronically (if e-filing is available in this Justice Court)

XII. POST-HEARING INFORMATION

A. Appeal Rights

If you disagree with the judge's decision in the Small Claims Division, you may file an appeal. Under A.R.S. § 22-516:

• An appeal from the Small Claims Division is heard de novo (a new trial) in the regular Justice Court civil division.
• The appeal must be filed within ten (10) calendar days after the entry of judgment.
• A filing fee is required for the appeal.
• In the regular civil division, formal rules of procedure and evidence apply.
• Either party may be represented by an attorney in the appeal.

B. Judgment Enforcement

If a money judgment is entered, the prevailing party may enforce it through garnishment (A.R.S. § 12-1570 et seq.), judgment lien recording, or other lawful collection methods.

IMPORTANT PRACTICE NOTES FOR ARIZONA SMALL CLAIMS

Jurisdictional Limit

The Small Claims Division has jurisdiction over civil actions where the amount in controversy does not exceed $3,500, exclusive of interest and costs. See A.R.S. § 22-503. (Note: Legislation has been introduced to increase this limit to $5,000. Verify the current limit before filing.)

No Attorney Requirement

Parties in the Small Claims Division are not required to have an attorney. However, if one party retains an attorney, the opposing party may also retain one.

No Discovery

Formal discovery (interrogatories, depositions, requests for production) is generally not available in the Small Claims Division. However, parties may subpoena witnesses and documents for the hearing.

Informal Procedure

The Small Claims Division uses simplified, informal procedures designed for self-represented litigants. The court provides guidance forms and instructions.

Transfer Out of Small Claims

If the Defendant files a counterclaim exceeding $3,500 or if the case otherwise exceeds the jurisdictional limit, the matter will be transferred to the regular Justice Court civil division where formal rules apply.

Sources and References

• A.R.S. Title 22 – Justice and City Courts: Arizona Legislature
• A.R.S. § 22-501 – Small Claims Division Established
• A.R.S. § 22-503 – Jurisdiction of Small Claims Division
• A.R.S. § 22-504 – Procedure in Small Claims Division
• A.R.S. § 22-512 – Answer; Counterclaim
• A.R.S. § 22-516 – Default Judgment; Appeal
• A.R.S. § 12-2505 – Comparative Fault
• A.R.S. § 12-541 through § 12-550 – Statutes of Limitations
• A.R.S. § 44-1201 – Interest Rate on Judgments
• Arizona Rules of Small Claims Procedure: Gila County
• Arizona Small Claims Court Information: AZ Court Help
• Yavapai County Justice Court – Small Claims Instructions: Yavapai Courts
• Coconino County Justice Court – Small Claims Guide: Coconino County
• Maricopa County Justice Courts – How to File Small Claims: Maricopa Courts
• Arizona Small Claims Overview: Nolo