I filed an answer to a civil summons from a CA's attorney this week. (they are suing for $250) I filed a general denial, gave a few affirmative defenses, and listed a few violations for a countersuit. Now I am wondering if I should frustrate the CA's attorney more, by moving this to District? Should I leave well enough alone? Or get pro-active and file a motion to move this to District, then serve interrogatories to the Plaintiff? Since I have never been out of Small Claims court (a few wins there), not sure what to do from here. My ultimate goal would be to have the CA's attorney call to settle for deletion. I'm thinking now that they will probably go to county court on the date set and see if I have anything to really counter with, since they are local. So my thought would be if I went District on them, and sent interrogatories, they'd be very motivated to settle, not wanting to put any time into a $250 suit. Should I leave it in County Court? Should I change it District, and if so, how do I do that, and with what basis? (Do I drive up the countersuit damages???) Thanks!
I am in a similar situation. Asset Acceptance sued me for a SOL line of credit I had with Gateway four years ago. They claim the last date was 3/31/02, but I have a certified check receipt that this isn't true, dated 3/10/00. I am moving to dismiss the case. If you try to move to Federal Court it is much harder for the Pro Se Litigant, unless you really know how to research the law.
I'm thinking if I can get mine to District court, then they will never pursue because of the time spent on interrogatories and discovery for only a $250 claim. Do I simply file a motion to move to District court? I'm looking around for examples or hints.
I would leave it in the small claims court. Most states allow a "trial de novo" on appeal from the small claims court if you lose. Use this opportunity to learn how to prosecute your case and find out what ammunition they may have. If you have the case removed to county or district court your only means if you lose are through the appelate procedure. This is quite a bit more expensive and limits your appeals only to points of error instead of granting you a "trial de novo". BTW..."trial de novo" means that you get to redo the whole thing over again just like it had never happened (except that you know what they are able to claim and prove).
