MHJCEA3F – Counterclaim (Forcible Detainer / Special Detainer) – Arizona
The “MHJCEA3F – Counterclaim (Forcible Detainer / Special Detainer)” used in the Justice Court of the State of Arizona. It is utilized by a defendant who wishes to file a counterclaim in response to a plaintiff’s complaint.
Follow these steps carefully to ensure all necessary information is accurately provided.
Section 1: Case Information
- Case Number: Enter the case number assigned to your case by the court.
- Plaintiff / Counter-defendant: Fill in the name, address, and phone number of the plaintiff (the person who filed the original complaint).
- Defendant / Counterclaimant: Fill in your name, address, and phone number.
Section 2: Counterclaim Details
- Breach Identification: Describe in detail the breach of the Residential Landlord and Tenant Act or the rental contract that has resulted in the alleged damages. Be specific about the nature of the breach and how it has affected you.
Section 3: Notice of Breach (if applicable)
- Notice Confirmation: If you gave the plaintiff written notice of the alleged breach, check the box.
- Copy of Notice: Attach a copy of the notice you gave to the plaintiff.
- Date and Manner: Specify the date the notice was given and the manner in which it was delivered (e.g., mailed, hand-delivered).
Section 4: Judgment Request
- Sum of Money: Enter the amount of money you are seeking in judgment against the counter-defendant. This includes the sum for damages, court costs, and interest at the legal rate from the date of judgment.
- Justification: Provide a detailed explanation of why you are entitled to this relief. Include facts and evidence supporting your claim.
Section 5: Certification
- Statement of Truth: Read the statement under penalty of perjury and ensure that all information provided is true and correct to the best of your knowledge.
- Date and Signature: Enter the date and sign the form to certify your counterclaim.
Section 6: Service Certification
- Delivery Confirmation: Indicate whether you mailed or delivered a copy of the counterclaim to the plaintiff or the plaintiff’s attorney. Check the appropriate box.
- Address: Enter the street, city, state, and zip code where the counterclaim was sent.
- Date and Signature: Enter the date and sign to certify the mailing or delivery of the counterclaim.
Important Tips
- Accuracy: Ensure all information is accurate and complete.
- Attachments: Include all necessary attachments, such as the notice of breach if applicable.
- Copies: Keep a copy of the completed form and all attachments for your records.
- Legal Advice: Consider seeking legal advice to ensure your counterclaim is properly prepared and filed.