1. Sample form of a malicious prosecution claim. The law library might have a document like this. You would want to look in a "Practice Guide". I don't have access to a form for Arizona pleading forms. However, here is what I have found:
The above link leads to a page that has self-help forms on it. You will need fill out a civil cover sheet (state wide forms) and use the following complaint form:
https://www.azcourts.gov/Portals/34/Forms/Civil/Civil_Complaint.pdf. You are suing for the tort of malicious prosecution.
Another way to do this is to follow this form (I'm adding in claims against the Bank too for good measure...you might as well sue them too for their part in this, the below claims are what I could think of that might potentially lead to something):
Use the heading from the Civil complaint form above with the name of the parties on the left and then you have the following sections:
Plaintif is ______ and resides at _______.
Defendant is WalMart __________(corporate title) and may be served with process by serving their registered agent for service of process at _________________(contact the secretary of state's office to find this information).
Defendant is Bank ________ (same info type needed as with Walmart
2. Venue and Jurisdiction is proper under the laws of the State of Arizona as all the witnesses regarding this action reside or otherwise do business in ______________(city and county).
Give a description of the facts (short and sweet)
4. Malicious Prosecution
The facts as stated above support Plaintiff's claim for Malicious Prosecution against Defendant Walmart. Defendant Walmart(1) instituted a criminal prosecution by filing false charges which was (2) motivated by malice, (3) begun without probable cause, (4) terminated in plaintiff's favor and (5) damaged plaintiff.
The facts stated above support Plaintiff's claim for Negligence against Defendant Bank. Defendant Bank owed a duty to Plaintiff and breached that duty by providing false information regarding Plaintiff's checking account. This breach of duty proximately caused Plaintiff damages.
6. Violation of the Consumer Fraud Act
Defendant Bank's false testimony regaridng Plaintiff's account violates the Arizona Consumer Fraud Act §§ 44-1521 through 44-1534 (2003 & Supp. 2010), as the testimony was a misrepresentation made in connection with the offer of services and was the proximate cause of injury to the Plaintiff.
This is where you will have problems, but a general statement that it has caused you an actual monetary loss in addition to mental anguish.
Wherefore, premises considered Plaintiff requests that these Defendants be served with process, required to answer herein, and after a trial of this matter be found liable on all causes of action and that Plaintiff receive all relief to which Plaintiff is justly entitled.
2 Walmart's Defense.
I think they will try to state that they had reasonable probable cause to press the hot check claim, and then will blame it on a computer glich or innocent record keeping error. You will have to counter that they have a hire standard of care and that this is exactly what does NOT constitute probable cause.
3. You have to serve their "registered agent for service of process". You have to contact the AZ secretary of state corporations section to get this information.
4. Evidence to present. This is a really really complicated question. Just get through the filing of the lawsuit and then we move to "discovery" where you gather the evidence, then we discuss what evidence you need to present. But in its essence, you ahve to present evidence to support each and every element of your claims. The elements are stated in the above form under the section for each claim.