You’ve Been Served – What Do You Do?
I’ve been served, what do I do?
You will need to file a response with the Court from which the documents were issued within 20 days of service if you are in the state of Arizona, 30 days if you served outside of the state of Arizona.
How do I Respond?
Fill out a response form, include all supporting documents/evidence and at least three copies– Original for the Court, 1 copy for your records, 1 copy the Claimant, and 1 extra. Forms can be found online on the Courts webpage or at the Court. File the response with the Court Clerk and pay the response fee. A copy of your filed response then has to be served the Claimant (or their attorney).
What if I can’t afford the response fee?
Ask the Court Clerk for a Waiver form and fill out. Once the form is filled out, the Court Clerk will direct you to the Judge or Commissioner. Once in front of the Judge or Commissioner, they will review your request and will either grant, deny or lower the fee. You will need to return to the Court Clerk to complete your filing.
What if I choose not to respond?
A Default Judgment could be made against you if you choose not to respond.
What does Default mean?
Default means you are forfeiting your right to contest, therefore granting their requests.
Can a Default Judgment ever be contested?
Under the following three reasons, you can file Application of Notice (motion) with the Court to contest a Default Judgment:
- The documents were not served correctly. An Application of Notice (motion) can be filed with the Court with proof/evidence documents were not served or served properly.
- Good reason. The service did not come to your attention – you were in the hospital, you were on a long vacation, etc.
- The Claimant was not entitled to enter a judgment.
Valid proof must be provided and accepted by the Judge before a Default Judgment can be vacated.