I am being sued for 4000 in small claims court by a lunatic who has a history of suing people. would it be logical to sue in small claims to get it bound over to circuit court? No one can figure out why her lawyer asked for 4000 in small claims, rather than take it to circuit? Any thoughts?
2007-12-05 01:54:45 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It costs less to sue in small claims court, and defendants do not always put up a defense, meaning, of course, that it is very easy to take a default judgment. If the defendant has a judgment against him or her, she can always file a notice of appeal with the court of common pleas (if in Pennsylvania), and that requires a "de novo" proceeding against the defendant.
If I were the plaintiff's attorney, I would take the default judgment, have the judgment recorded in the courthouse, and hope the defendant does not file a notice of appeal. If he misses that window of opportunity, I would then proceed to file interrogatories in attachment in preparation for filing a writ of execution.
2007-12-05 02:00:33 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
Small Claims court is just ONE of the courts. Once you get a judgement there, if you do not get paid, you then file a Civil Suit. Cases do not get "bound over" to circuit or any other court by the Small Claims judge. He would be able to use his lawyer in Civil or Circuit court, but only for advice in Small Claims court.
2007-12-05 02:05:43 · answer #2 · answered by sensible_man 7 · 0⤊ 0⤋
moronic. Small claims can't bind over to CC: it's purpose is to deal with a claim of under "x" dollars.
2007-12-05 01:58:49 · answer #3 · answered by wizjp 7 · 0⤊ 0⤋