Can someone tell me how to get a case transferred out of small claims?

[Yawon]

If a credit card agreement says arbitration is not an option for claims filed in small claims court, how do you get the venue changed?

 

What if it is already set for trial?

[fisthardcheese]

File an MTC arbitration anyway.  It is only "not an option" in small claims if the other side objects on those grounds and a judge agrees with them that the agreement does not provide for arb in your case.

 

Do you have any counter claims?  Be prepared for counterclaims and to attack the chain of custody and JDB standing to sue in case your MTC is denied.

[Seadragon]

Filing valid counterclaims can raise the controversy amount to above the small claims limit. If you have participated in discovery then a MTC arb will be denied. If you raise counter claims they may dismiss.

 

As for other than that I believe you are stuck.

[WhoCares1000]

Worst case scenario, once the case is decided, if not in your favor, most states allow you to do a trial de novo at regular court simply by appealing the small claims court verdict and paying the fees. Since small claims is so informal, it should not be hard to do it that way.

Still file any counterclaims and go after the evidence. Would suck to go the arb route if you can win in small claims.

[shellieh98]

I read somewhere if you file a FDCPA isolation counter claim, they will kick it to a higher court. But you should only do that if you actually have them on a fdcpa violation

[Yawon]

Thanks to everyone for your advice.

[debtzapper]

@Yawon

In Wisconsin, small claims cases are generally decided by a court commissioner. After the court commissioner decides the case, either party may request that the case be decided again in front of a circuit court judge. The first step is to file a Small Claims Demand for Trial (Form SC-517) in the Clerk of Court’s office for the county where your small claims was decided. If the commissioner reached his decision in court, then you must file the form within ten days. If the court commissioner issued a written decision after the court hearing, then you must file the form within fifteen days of when the decision was mailed. You must also mail a completed copy of the form to the opposing party and provide the court with proof of mailing, such as a return receipt for certified or registered mail.