What is the deadline to serve a Defendant (days after filing the complaint) for an Arizona Small Clm action?

Question

I filed a small claims complaint on Sept 1, and have been looking for the Defendant for almost four months. Is there a maximum number of days the Arizona Small Claims Division allows me to keep the case open, or will the court keep it open until I serve Defendant (or the statute runs out)?

Answer 1

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There is a time limit, if you don't follow up on your claim it may be dismissed with prejudice meaning you can never bring it again. There are options such as a continuance or service by publication. Sorry I do not recall the specific time table but I am pretty sure the time for service has elapsed. You need to contact the court and find out if your case is even still active and if so immediately ask the court to serve by alternative means.

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Answer 2

Criminal and civel law requires 72 hours for papers to be served.

Source(s): Code of criminal procedures

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