Arizona Small Claims Statute of Limitations — Filing Deadlines by Claim Type
Deadlines by Claim Type
Arizona's statutes of limitations for civil claims are codified in A.R.S. Title 12. The deadline depends on the type of claim:
| Claim Type | Time Limit | Statute |
|---|---|---|
| Written contracts and debts | 6 years | A.R.S. § 12-548 |
| Oral contracts and open accounts | 3 years | A.R.S. § 12-543 |
| Personal injury or property damage | 2 years | A.R.S. § 12-542 |
| Security deposit disputes | 1–3 years | A.R.S. § 12-541 / § 12-543 |
These limits apply to small claims cases the same way they apply to any civil action. The Small Claims Division doesn't have its own, separate statute of limitations.
When the Clock Starts
The limitation period begins on the date of "accrual" — the moment the injury happened or the breach occurred. For a written contract, that's usually the date the payment was due and wasn't made. For property damage, it's the date the damage occurred or was discovered.
A few common scenarios:
Unpaid invoice (written contract): You delivered goods on January 15, 2021, with payment due February 15, 2021. The six-year clock started February 15, 2021. You must file by February 15, 2027.
Oral agreement to split repair costs: Your neighbor verbally agreed to pay half of a $2,000 fence repair in March 2024. The three-year clock started when they failed to pay on the agreed date.
Security deposit not returned: You moved out, returned possession, and demanded the deposit accounting, but your landlord didn't return the amount due or provide an itemized list within 14 business days (A.R.S. § 33-1321). The clock starts when the statutory return period expires.
What Doesn't Pause the Clock
Sending a demand letter, negotiating informally, filing a complaint with the Arizona Registrar of Contractors, or participating in court-sponsored mediation — none of these toll (pause) the statute of limitations. The clock keeps running until you formally file a complaint with the court clerk.
This catches people off guard. You might spend months trying to resolve a contractor dispute through the ROC process, only to find your civil deadline has crept closer. If your deadline is approaching, file the complaint first and continue negotiations after — you can always dismiss if you settle.
Free Download
Get the Arizona Small Claims Filing Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Partial Payments and Acknowledgment
If the debtor makes a partial payment or acknowledges the debt, do not assume that this automatically restarts the limitation period. Under A.R.S. § 12-508, an acknowledgment used to revive an already time-barred claim must be in writing and signed by the party to be charged.
What Happens If You Miss the Deadline
If you file after the statute of limitations expires, the defendant can raise it as a defense. If they do, the court will dismiss your case. The defense isn't automatic — the defendant has to assert it — but any competent defendant or their process of researching the case will surface it.
There's no extension for not knowing about the deadline. The clock runs whether or not you were aware of your legal rights.
Practical Advice
If your claim involves a time-sensitive statute of limitations and you're still in the demand-letter stage, put the filing deadline on your calendar with a 30-day buffer. That gives you time to prepare and file the complaint before you're racing the clock.
The Arizona Small Claims Filing Guide includes a deadline calendar that tracks both your statute of limitations and the procedural deadlines (45-day service window, 20-day answer period) that start after filing.
Get Your Free Arizona Small Claims Filing Checklist
Download the Arizona Small Claims Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.