G Fisher- On what legal basis do you claim the defendants would have the right to transfer the case from small claims to civil court? A court must have jurisdiction over a matter in order for the court to hear it. If the plaintiff's claims is for less than $5000 (the maximum claim amount under our state's small claims process), unless the defendant files a cross-complaint against the plaintiff for more than $5,000 or tried to have the case removed to federal court on the basis of a federal question or something, I don't know on what basis the defendants would be afforded the right to transfer the case out of the small claims court. I'd like to hear the legal basis behind your scenario -- that is, if you have one.
Simple. You have to do what you have to do. If you point the gun you had better be ready, willing and able to pull the trigger too. What if they decide that the potential risk of loss is far too great and try to settle it out of court which is what almost always happens. The idea is to give them an easy and cheap out or the option of going to court and a likely loss.
