Is removal to county court available?

[SAL2007]

What is the name of your state? Texas

I've been sued in small claims and I'd really rather proceed in county court. Is there anything I can do, as the defendant, to get my case removed to county court from small claims? If so, what do I file and when can I file it?

The only thing I can tell from the website is that I need to file an answer.

TIA!!

 

[seniorjudge]

First of all, YOU need to read your small claims rules.

But let me tell you the GENERAL way this works.

The only way the case goes to a higher court is if one party loses and appeals or asks for a trial de novo (Google);

another way is for the party who is sued to counterclaim for an amount above the small claims jurisdiction;

another way is for the party suing to drop the small claims and file in the higher court.

 

[SAL2007]

I should have been more specific

I'm sorry, I guess instead of just saying I looked at the website I should be more specific...they have the rules for small claims posted on the website -- government code 28 it is. There could be more than that, but that's what I've looked at. It doesn't say anything about removing or moving your case so maybe that's because, as you said, there isn't a way to do that directly.

Thanks for your response, though. That's helpful to know.