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Arizona Residential Eviction in Superior Court


Product Description

If you are seeking more than $10,000 in unpaid rent and late fees your eviction lawsuit must be filed in Superior Court.    Otherwise, you can file your eviction in Justice Court.  For more information on how to evaluate whether or not you should file a Superior Court eviction follow this link.

Our advance fee for a Superior Court eviction in Maricopa County is $1,000.  Please call for pricing in other counties.  The advance fee covers preparation of the summons and complaint, service of process and appearance at the initial court hearing on your behalf.  It does not cover the court filing fee.  This will vary by County.  We will contact you prior to filing to make arrangements with you to pay the additional amount due for the filing fee.  Note that the Superior Court case filing fee in the Phoenix metropolitan area is $319.  Other Arizona counties are less.  If your tenant demands a trial, there is an additional fee of $500 for the trial or each subsequent court appearance after the initial hearing.  Few Superior Court eviction cases go to trial.

How to Retain Us to Represent you on a Superior Court Eviction Case

Read the information below about evidence we need before we can proceed.  If you have the necessary evidence in hand, please read the terms of the engagement.  If you agree to the terms of engagement, click on the "Add to Cart" button above.  After check out, we will send you an email with instructions on how to get your evidence to us and how the case will proceed.

Evidence we Need

While the vast majority of eviction cases are resolved without a trial, we must still make certain that we can prove our case if necessary.  If you have a lease, we will need a copy of the lease before we can file the case. We prefer a PDF copy of the lease Emailed to our office.  You will receive an email with instructions on how to get a copy of the lease to our office.  You may also fax the lease.  If you are unable to Email or fax the lease, just mail it to us at the address on the instruction email.  If you don't have a written lease with your tenant, you may still proceed with the eviction.  But, if you have a lease, we need a copy.    

In every case, we need a copy of the notice that was served on the tenant and some form of proof of service.  Arizona law requires that a tenant notice must be served by certified or registered U.S. Mail.  If you served a notice by FEDEX or UPS, it is not effective under Arizona law.  If we did not serve the notice for you, you must be able to provide us with a copy of the U.S. Post Office certified mail form 3800 with a postmark stamped on it by your local post office.  If the tenant signs for the certified mail, we must have a copy of the signed return card, U.S. Post Office form 3811.

Any admissions made by your tenant can help if the case gets set for trial. These days landlords and tenants often exchange Emails.  If you have Emails, or other written communications, in which your tenant admits that they have not paid rent, we can use those at trial.  Sometimes tenants will send their landlord an email after they are severed with a notice.  Make copies of any Emails or letters from your tenant that contains admissions.  They may be useful at trial. 

Terms of Engagement

We will undertake to represent you in one forcible detainer lawsuit in Superior Court. A forcible detainer action will be filed to obtain a judgment on your behalf, and if necessary, a writ of restitution removing the tenant from the property. The advance fee for the case is one thousand dollars ($1,000.00). This does not include the court filing fee.  We will contact you for payment of the filing fee prior to filing. We will prepare the summons and complaint, file them in court and serve the tenants with the summons. We will appear in court for you and if possible obtain an eviction without trial. If you settle with your tenant before we file, we will refund $500. If you settle after we file the case and more than 24 hours prior to the initial hearing, we will refund $250.00 to you. If you settle within 24 hours of the initial hearing, we will charge you the full advance fee.

Over ninety percent of cases are resolved with the initial court appearance. If a trial is necessary in your case, or additional court appearances, an additional fee of five hundred dollars ($500.00) will be charged for each court appearance. If you paid by credit card, we will run the additional charge prior to the court appearance. If you paid by check, this fee must be paid prior to the additional court appearance.

If your tenant does not vacate within five days of judgment, we will obtain a writ of restitution on your behalf. Preparation of the writ and submittal to the court are included in your legal fees. However, service of the writ of restitution by the Sheriff requires a fee in the range two hundred fifty dollars ($250.00) depending on the county. If you require a writ of restitution, the Sheriff's fees must be paid in advance.

If you do not pay a statement promptly, we may charge interest on any unpaid amounts at the rate of one percent per month, and we may terminate our services and/or withdraw from further representation of you, regardless of the status of any pending matter at the time of nonpayment. You may terminate our services at any time by notifying us of your intent to do so. We may terminate this agreement for the reasons set forth herein and in the Policy on Professional Fees and for any other reason allowed by the Arizona Rules of Professional Conduct.

This agreement is for legal representation on one case in Superior Court. It does not cover an appeal from that court to a higher court. This agreement does not cover negotiation and drafting of a written settlement agreement to resolve the case, nor does it include a motion to issue the writ more than 30 days after judgment, or a response to any post-judgment motion filed by your former tenant.

Negotiation and drafting of a written settlement agreement is an additional two hundred dollars ($200.00).  Responding to a post-judgment motion is an additional five hundred dollars ($500.00).  Such motions are rare. The most common type of post-judgment motion is a motion to set the judgment aside under Rule 60 of the Arizona Rules of Civil Procedure. Judgments may be set aside in cases of due process violation, fraud or excusable neglect by the tenant. These motions rarely succeed, but they must be defended to preserve the judgment.

If the terms of engagement are acceptable, please click on the "Add to Cart" button above.  Clicking on the button signifies your acceptance of the terms of this engagement.


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