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

In some instances, you can transfer your case from Small Claims Court to Superior Court.

Each state has different requirements for determining if a case goes to Small Claims Court or Superior Court. It usually depends on the monetary amount that is being disputed. There are certain instances where you may want to transfer a case from Small Claims Court to a Superior Court. You need to make sure that your case qualifies to transfer in your jurisdiction. You also may want to consult with an attorney. Superior Court cases often are more complex and involved than cases in Small Claims Court.

Instructions

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.

References

• Connecticut Network for Legal Aid: Small Claims Court
• The Judicial Branch of Arizona Maricopa County: Small Claims Frequently Asked Questions
• La Superior Court: Civil Fee Schedule