notice of transfer

[kidink7]

What is the name of your state (only U.S. law)? omaha nebraska




I filed a small claims suit against a fitness center, now they have transfer the case to a regular court docket ... Can I file a Motion to get back to small claims...It is only a 1400 recovery I am asking for and small claim should handle it...I an pretty sure they are trying to strong arm with me Lawyers in stead of Playing fair..

 

[latigo]

Sorry, but if you want your case heard, it will have to be in the county court where the case was transferred. You cannot have it sent back to small claims. Nor could you as the plaintiff have prevented its transfer.

Nebraska Revised Statutes 25-2805 grants the defendant in a small claims action the option “to transfer the case to a regular docket of the of the county by giving proper notice to the court within at least 2 days before the date set for hearing”.

The only exception is if the case evolved out of a valid arbitration agreement in which the amount in controversy is within the small claims court's
jurisdictional limit of $3,500 . See NRS 25-2618.01.

Its stupid law in my humble opinion as it defeats the primary purpose of a “people’s court”, which is to reduce the cost of litigation.

But that is way it is in Nebraska. And the only state to my knowledge that allows the defendant the option of an automatic removal.