Law & Legal & Attorney Contract Law

How to Transfer a Case From a Small Claims Court to a Superior Court

    • 1). Consult with an attorney or legal aid in your area. The process for transferring a case is not difficult but you will need a lawyer to proceed with your case in Superior Court.

    • 2). Review the laws in your county to see if you can transfer your case. In some states, you can only transfer your case to the Superior Court if you are suing or filing a countersuit over a specified amount of money. In other states, you may request a transfer for a variety of other reasons.

    • 3). Go to the clerk of the courts at the courthouse where your Small Claims case is being held. Ask for a "Motion to Transfer."

    • 4). Complete the "Motion to Transfer." Cite the reasons that you are requesting to move your case to the Superior Court.

    • 5). File the "Motion to Transfer" or "Change of Venue" by turning in the completed form to the clerk of the courts. You also will have to pay a filing fee which will vary depending on location and amount you are suing for.

    • 6). Wait for the decision. The court will decide on your motion and inform you. If your case is transferred to the Superior Court, you may want to hire an attorney.

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