Request to move Small Claims complaint to Civil Division

[Lee4ltc]

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

If a case is filed in small claims court for simple property damage ($700) can it be transferred to the civil division by the defense sighting claims not listed in the original small court filings thereby bypassing the small claims hearing..

 

[FlyingRon]

Most likely, yes (and it's CITING not SIGHTING):

ORS 1925.10

(A) A civil action that is duly entered on the docket of the small claims division shall be transferred to the regular docket of the court upon the motion of the court made at any stage of the civil action or by the filing of a counterclaim or cross-claim for more than three thousand dollars​

The parties can also make a motion to move it as well

(B) In the discretion of the court, a case duly entered on the docket of the small claims division may be transferred to the regular docket of the court upon the motion of a party against whom a claim, counterclaim, or cross-claim is instituted or upon the motion of a third-party defendant. A motion filed under this division shall be accompanied by an affidavit stating that a good defense to the claim exists, setting forth the grounds of the defense, and setting forth the compliance of the party or third-party defendant with any terms fixed by the court. The failure to file a motion under this division to transfer a case to the regular docket of the court constitutes a waiver by the party or third-party defendant of any right to a trial by jury.​

 

[justalayman]

Sure it can. If the counter claim does not fit within small claims jurisdiction the defendant has no real option but to seek to remove the case to a superior court.