Arizona · Unpaid personal loan

Unpaid personal loan in Arizona small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Arizona, small-claims cases are heard in the Small Claims Division of the Justice Court and you can sue for up to $5,000 (exclusive of interest and costs).

Good to know: Arizona small claims are not a separate court but a small claims division within each justice court, decided by a hearing officer or a justice of the peace. A small-claims decision is final: there is no right to appeal. A party who wants to keep appeal rights must have the case moved to the regular civil division of the justice court before the hearing.

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Small Claims Complaint (form LJSC00001F) in Arizona

1. Confirm your claim qualifies. Your claim must be for $5,000 or less and a type small claims can hear (not eviction, defamation, or injunctive relief). File in the justice court precinct where the defendant lives (A.R.S. 22-202).
2. Complete and file the Complaint and Summons. Fill out the Small Claims Complaint (LJSC00001F) and Summons (LJSC00002F) from the azcourts.gov forms hub and file them with the small claims division clerk. Pay the filing fee or request a fee waiver.
3. Serve the defendant. Serve the summons and complaint by registered or certified mail; if mail service fails, use personal service. File proof of service with the court (A.R.S. 22-513).
4. The defendant answers within 20 days. The defendant must answer within 20 days of service (A.R.S. 22-514). If they do not answer, you may seek a default judgment.
5. Attend the hearing. A hearing officer or justice of the peace hears the case. You represent yourself; lawyers may take part only if both sides agree in writing. The decision is final.

Filing fees: Filing fees are set by each justice court and vary by precinct; confirm the amount with the court. A fee waiver or deferral is available if you cannot afford the costs.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract or debt: 6 years (A.R.S. § 12-548)

Answering a lawsuit: The defendant must file an answer within 20 days after being served (A.R.S. 22-514). If they do not answer, you may seek a default judgment.

Serving the defendant: The plaintiff serves the summons and complaint by registered or certified mail; if that fails, personal service by a process server or authorized officer may be used, with an affidavit of service filed (A.R.S. 22-513).

Appeals: There is no appeal: a small-claims decision is final and binding (A.R.S. 22-519). To preserve appeal rights, a party must have the case transferred to the regular civil division of the justice court before the hearing.

All Arizona small-claims deadlines

The table below lists the filing deadlines Small Claims Division of the Justice Court applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Arizona small-claims forms for your unpaid personal loan case

These forms are published by the Small Claims Division of the Justice Court. Download and complete them before filing.

• Arizona Small Claims Forms (Complaint, Summons, Answer, Proof of Service): Official Arizona forms hub for the small-claims complaint, summons, answer, and proof of service.
• Fee Waiver and Deferral: Request to waive or defer court filing fees if you cannot afford them.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Arizona Judicial Branch: Small Claims Self-Service Center. Last reviewed 2026-06-23.