If a health care organization is suing me for $1,100 in a civil court, can I ask the court to move the case to a small claim court?

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If a health care organization is suing me for $1,100 in a civil court, can I ask the court to move the case to a small claim court?

A health care organization is suing my wife for $1,100 to care for our daughter in a civil court. A charge we dispute. Since I am not a lawyer, I would like to defend us in a small claim court. Can I motion the court to move the case to a small claim court? My wife is the sole defendant, how can I represent my wife in court?

Asked on June 20, 2012 under Bankruptcy Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, if you are not a licensed attorney in the state where your wife was sued, you cannot represent her in the legal action you are writing about.

Second, under the laws of all states in this country, since the plaintiff elected to not file suit in the small claims court for the $1,100 in medical expenses but rather in the limited jurisdiction of the superior court in a county in your state, you and your wife cannot remove the case to the small claims court division.


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