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Ray
Ray, Lawyer
Category: Real Estate Law
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Experience:  Texas Attorney for 30 years dealing in real estate
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I am filing a civil claim in AZ justice court in Maricopa County,

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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?

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.

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