Arizona Answer to a Complaint

Introduction

Key Things to Know

1. 1

   Your deadline depends on where you were served. Under Ariz. R. Civ. P. 12(a)(1)(A) you must file and serve your answer within 20 days after being served inside Arizona, or within 30 days if you were served outside the state under Rule 4.2(m).

2. 2

   There is no single statewide answer form. Arizona does not require one form that every defendant must use. Some counties offer a fill-in civil answer form, such as the Maricopa County Civil Answer, but otherwise you type the answer as a pleading on a caption that complies with Ariz. R. Civ. P. 10(a).

3. 3

   Small claims still requires a written answer. Under A.R.S. Section 22-514 the summons in a small claims case requires the defendant to answer in all cases within 20 days, commencing from the date of service, and a default can be entered if no answer is filed.

4. 4

   An eviction case has no separate written answer deadline. In a special detainer (eviction), under A.R.S. Section 33-1377(B) the summons sets an initial appearance not more than six nor less than three days from the date of the summons, and under Ariz. R. P. Evic. Act. 7 you may answer orally in court or in writing at that appearance.

5. 5

   There is a filing fee, with a waiver. The minimum base civil answer fee in Superior Court is $148.00, and local county fees may increase it. If you cannot afford it, you can file an Application for Deferral or Waiver of Court Fees and Costs.

6. 6

   A related claim may be compulsory. Under Ariz. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and must be raised with your answer, and the statute of limitations on a written contract is six years under A.R.S. Section 12-548.

7. 7

   Where the case is heard depends on the amount. Justice Court hears general civil claims up to $10,000 and Superior Court hears claims over $10,000, while the Small Claims Division of Justice Court handles claims up to $5,000.

Arizona Requirements for Answer to a Complaint

• 20-Day or 30-Day Answer Deadline

  In a general civil case your answer is due within 20 days after you are served with the summons and complaint inside Arizona, or within 30 days if you were served outside the state, under Ariz. R. Civ. P. 12(a)(1)(A) and Rule 4.2(m). A small claims answer is due within 20 days of service under A.R.S. Section 22-514.

• No Statewide Form, Pleading on Rule 10(a) Caption

  Arizona has no single statewide answer form. Some counties offer a fill-in civil answer form, such as the Maricopa County Civil Answer, but otherwise you type the answer as a pleading on a caption that complies with Ariz. R. Civ. P. 10(a), responding to the allegations and stating your defenses.

• Court Caption

  Caption the answer for the court named in the summons under Ariz. R. Civ. P. 10(a). General civil claims up to $10,000 are heard in Justice Court and claims over $10,000 in Superior Court, while the Small Claims Division of Justice Court handles claims up to $5,000. Include the case number, the parties' names, and the title Defendant's Answer.

• File With the Court Clerk

  File your answer with the clerk of the court named in the summons. You may file in person, by mail, or through an authorized Electronic Filing Service Provider under ACJA Section 1-901, and e-filing is generally not mandatory for self-represented litigants.

• Serve a Copy on the Plaintiff

  Under Ariz. R. Civ. P. 5(c), serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or electronically if consented to, and file proof of service with the court.

• Filing Fee or Fee Waiver

  The minimum base civil answer fee in Superior Court is $148.00, and local county fees may increase it. If you cannot afford the fee, file an Application for Deferral or Waiver of Court Fees and Costs, based on receiving TANF or food stamps, legal aid representation, or income between 150% and 225% of the federal poverty level.

• Affirmative Defenses

  State each affirmative defense you intend to rely on under Ariz. R. Civ. P. 8(c), such as statute of limitations, accord and satisfaction, payment, fraud, or waiver. The statute of limitations on a written contract is six years under A.R.S. Section 12-548, a frequent defense in debt collection cases.

• Compulsory Counterclaim If Any

  Under Ariz. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be raised with your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim.