Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I am filing a civil claim in AZ justice court in Maricopa County,

which has a ceiling of...
I am filing a civil claim in AZ justice court in Maricopa County, which has a ceiling of $10,000. Do I need to include a "Certificate of compulsory arbitration" with the filing?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
7/7/2013
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,447
Experience: Texas Attorney for 30 years dealing in real estate
Verified

RayAnswers :

Thanks for your question and good evening.I appreciate the chance to help.

RayAnswers :

The limit here for small claims is $2,500.If you want to sue for more here you would have to file in Superior Court.And yes in Superior Court there is a requirement for certificate of compulsory arbitration.

RayAnswers :

Small claims--limit $2,500--no certificate in this court since it is small amount.

RayAnswers :

Here is reference to Maricopa Superior Court requirement for certificate..

RayAnswers :

Here are the Rules of Civil Procedure and Evidence to use in arbitration and court if necessary.

RayAnswers :

The botXXXXX XXXXXne is that if you file a civil suit in Superior Court in Maricopa County you will have to file the certificate that you reference and it will have to go through arbitration here first .If not resolved it would go back to Superior Court.

RayAnswers :

I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.



 



 



 



 



 



This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information

Customer:

I asked about Justice Court, which I understand to be just below Superior Court, and also, you answer and the response " go back to Superior Court," indicates you were referencing two courts, but you only mention superior court. Will you please elaborate and identify all courts you have answered towards, and what I have referenced as "Justice Courts," if that is different than your answer?

RayAnswers :

Thanks for letting me help.

RayAnswers :

Yes I will.

RayAnswers :

If you want to sue here for $10k you have to file in the higher court--Superior Court.Small claims of justice court has a small limit of $2,500.A suit for damages over that amount has to be in Superior Court.Now small claims does not have arbitration requirement but Superior Court in say a lawsuit for $10k will require the certificate.Thanks for letting me clarify here.

RayAnswers :

And you can file here also in justice court for $10k and I do not see any requirement for the certificate.Again thanks for letting me clarify to you.

RayAnswers :

The certificate and requirement is only for the higher level court here in order to save judicial time and also to encourage you to file in lower court here--justice court can hear a $10k suit as would Superior Court if you choose to file there.If you do justice court you can avoid arbitration requirement.The choice of courts would be yours .Again thanks for letting me clarify here.

RayAnswers :

Here are he justice court rules for reference.

RayAnswers :

No arbitration here but mediation is possible prior to trial if you choose to do so.

RayAnswers :

I am here if you have more, take your time.

Customer:

The AZ court website indicates there are three basic courts: Small Claims-2,500; Justice Court-10,000; and Superior_10,000 and over. Your answer indicates perhaps two courts. Are you saying there are not three court brackets too handle the three money categories I have identified? If you are trying to indicate there are indeed three court brackets, identify precisely how you are identify the middle court I have mentioned?

Customer:

It seems you where still responding while I was submitting my last response. Please disregard unless I further request.

RayAnswers :

There are three here a $10k suit can be filed in either justice court or Superior Court .If you file in Superior they will force you to arbitration and there's a $75 an hour for hearing time fee to the parties.And of course you have to complete the certificate you reference.But you would choose.If you know your claim is under $19k here justice court is fine if you think it might run higher you would file in higher court.

RayAnswers :

Thanks for letting me clarify.This appears to be too big for small claims so justice court or Superior Court are your choices.

RayAnswers :

Justice court if you are pro se would probably be better for you as they tend to be a little more informal in that regard.

RayAnswers :

Thanks for your patience here to let me clarify this for you.

RayAnswers :

I am sorry there was a typo above I meant $10k here then justice court would be fine.

RayAnswers :

Sorry it has been a long day.Again I appreciate your patience.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,447
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Ray and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,447
44,447 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

44,447 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
209 satisfied customers
Landlord is claiming cracked/split as damage from movers.
Landlord is claiming cracked/split wood as damage from movers. However, he did not do a move-in inspection so there was nothing to compare the move-out inspection. He scheduled the move out inspection… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
The condo above us had a leak that damaged 5 units Is that
The condo above us had a leak that damaged 5 units Is that unit liable … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
My condo HOA said my former tenant damaged elevator around
My condo HOA said my former tenant damaged elevator around 04/20/2017, and asking me to pay for repairing bill, I asked for the repairing invoice for months without getting one; On 11/15/17 condo boar… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
Can the HOA be sued for damages resulting in a rat
Can the HOA be sued for damages resulting in a rat infestation in a single unit that spread to adjoining units? … read more
Lori
Lori
Juris Doctor
256 satisfied customers
Several neighbors and I received damage on our property from
Several neighbors and I received damage on our property from a city water main break. My direct neighbor received immediate compensation, another house was purchased by the city but I have received no… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I had work done to my home and the contractor damaged the
i had work done to my home and the contractor damaged the ceiling after it being totally reworked. they have not scheduled repair or have they acknowledged the damaged. I have been seeking a timely cl… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
A tenant moved out and left numerous damages to the rental
A tenant moved out and left numerous damages to the rental home. Does this automatically breach their contract? And are they entitled to any of their Security Deposit. I have photos and estimates. Hou… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I just had a loss due to water damage. The homeowners
I just had a loss due to water damage. The homeowners insurance covered it. Will I have to pay income on the money the insurance paid me and will I need to claim it on the tax form? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
The home we rent was damaged in the Ventura fire last week.
The home we rent was damaged in the Ventura fire last week. Fortunately my family are safe, and the structure of the home was saved. There is significant damage on the outside of the houe (deck, terra… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Regarding damages to the house that he and his sister both
Regarding damages to the house that he and his sister both own, how do you submit the damages that she's done to the house to the court? With the Partition paper work? Also, can I give Power of Attorn… read more
Ray
Ray
Lawyer
44,447 satisfied customers
Responsibilities when Roof leaks cause damage to interior of
Responsibilities when Roof leaks cause damage to interior of condominium? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My landlord is withholding my deposit ($3750) for damage
My landlord is withholding my deposit ($3750) for damage wood flooring caused by a burst pipe under the kitchen sink. He claims that it was caused negligently by a sealed container containing chlorine… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Missouri homeowner files damage claim with insurance
Missouri homeowner files damage claim with insurance company, and, receives $150,000. Insurance check is written jointly to homeowner & servicer; signed by homeowner and sent to servicer for deposit. … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
A condo that I have a contract on was damaged in hurricane
A condo that I have a contract on was damaged in hurricane Irma. Some water got into the unit through a damaged roof. The sellers got a remediator in there and the result is now a dry condo with missi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Another property damaged my property by illegal diversion of
Hi another property damaged my property by illegal diversion of storm water. I have not sued them yet but now they are selling their home trying to run from me. Viewing your article. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
If a landlord brings video "evidence" of damage beyond
If a landlord brings video "evidence" of damage beyond normal wear and tear on a unit, but does not have proof that the tenant caused the damage (i.e. video or photographs of the unit before tenants i… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x