[mudcat]

I have filed a case, in small claims court, againts a property management company.
Why would their lawyer ask to have it moved to civil court

[rehmanvohra]

Depends on the legal situation in your country applicable to the case under review. However, it seems that the defendant;s lawyer has a card up his sleeve. I think he is trying to shift the case from the small claims to civil court because he knows that his clients are at fault and the small claims court will surely decide in your favor in the shortest possible time. He is doing so since he will get a chance to delay the case forever. By the way what does your lawyer has to say?

The question is to whom the request for change of court has been made. If it is made to you, just refuse him flatly saying let the small claims court decide.

[ScottGem]

Also Civil Court is much more stringent on rules of procedure and evidence. You will need to have all your motions properly prepared and your evidence presented properly. Otherwise the judge will be compelled to throw them out.

I would protest any change.

[excon]

Hello mud:

I've lived in jurisdictions where a case cannot be moved from small claims, and I've lived in them where it can be.

Apparently, you live in one where it CAN be transferred. Most likely lawyers aren't allowed in your small claims court.

They're doing this because they want to WIN. They KNOW that a lawyer going up against a neophyte is going to result in victory for THEM. They ain't stupid.

Court battles aren't about fair. They're about WINNING. If you want to win, hire your own gunslinger. But, you'll be advantaged too. If you win, you can request the court to ORDER THEM to pay for your attorney... Given that the case WAS originally in small claims court, I'll bet you'd win that too.

excon

[mudcat]

Thanks excon
I got the notice Friday, court date is Wednesday.
So you think I should hire my own lawyer?

[JudyKayTee]

It is also possible that the counterclaim is over the Small Claims Court limit - in that event, it can/will be transferred.

[Fr_Chuck]

So many "if" in some areas small claims court do not allow attorneys,

They have lower dollar limits

And they allow exceptions to rules of evidence normally required in many courts.

If you are going to be in any court except small claims, and the other side has an attorney you HAVE to get an attorney or they may win just by filing motions you don't know how to answer and tricking you