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can small claims be moved to district court


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I am the defendant being sued by W & A in small claims court, does anyone know if (in PA) I can request that the case be removed to district court to have the rights that the legal system typically affords, e.g., discovery, attorneys, etc... I did not DV and the small claims hearing is next week. I thought this might by some time to get my affirmative defenses together and possibly DV. This is a very complicated sitiation. And if it can be moved, what is the process? Any help is greatly appreciated.

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Well, I just went down to what I thought was small claims court, where my complaint was filed, asked if it was small claims court and was answered with a "yes". When I asked if it was possible for me as the defendant to move it to district court, she said "This IS district court".Now I'm confused, she said they call themselves both. And I was able to get a continuance for another month. Can I send the attorney for the "assignee" plaintiff a DV and use that in court (whatever their response is--providing they respond), or do I send it to the "assignee" which is Seneca? Or do I have to send to both? If anyone could give me some input I'd appreciate. Thanks.

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What state are you in?

But really, look up the state's civil procedure and see what the proper procedure is to file a motion to move the case to civil or federal court. You'll also probably see the whole court structure of your state by looking at these statutes.

District court could include small claims.

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Thanks for the responses. I am in PA. I have been unable to find civil procedures pertaining to court structure, motions, and court rules. Even my county court site does not have that. For now, I will DV W & A, and see where that takes me. At least I have a continuance until early July which will help buy some time, since I have to find a way to show that the card is in no way connected to my exhusband or six year old child. They have listed their name as a defendant as well. (No Jr. or Sr. mentioned), but papers were sent to my address for whoever they are referring to. I will continue to work on my affirmative defense of soc. sec. disabilty and child support are my only income. I do not own a home. And my car is paid off, 5 1/2 years old with need of repairs. Between that and their DV response we'll see where it leads me. Thanks again for the help.

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IN most states, cases of a certain number <$15000 in NYS, for example, go to automatic court-ordered arbitration ( a panel of lawyers). So you might be out of luck

One thing you can do is counter claim for an mout that exceeds the small claims court jurisdiction amount and ask for a jury trial. That should help the judge decide to remove it.

I don't know how PA works. But you might consider this.

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I will continue to work on my affirmative defense of soc. sec. disabilty and child support are my only income.

Those aren't affirmative defenses and will not stop a judgment. In some states, SSDI and/or child support is attachable.

If you want to remove the case to a higher court, you must pay the filing fees for that court and file the notices. You must read your states rules, usually you have a maximum of 30 days from the date you were served to remove the case. After that, too bad.

If your husband and child are listed as defendants, then they must file their own answers and provide defenses. If your husband and child fail to answer, they have defaulted and judgment is automatically entered against them. You do not need to file separate answers/defenses, you can file them in the same document.

Minor children answer complaints through a parent or guardian. Since, the child does not have/need a guardian, you or your husband must answer on behalf of the child.

Just a friendly warning. The quality of the advice you receive is equivalent to the quality of the information you provide.

W & A are many things, but they are not god-like and would not have imputed knowledge of your minor child's name, unless the child's name appeared somewhere on the docs. That leads me to believe this might be a medical debt. Both you and your husband may be jointly/serverally liable. If you don't know what your doing, consult with an attorney. I'm sure there is a legal aid office in your county.

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