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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116154
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Submitted case to Small Claim Court. Defendant got lawyer and

Customer Question

Submitted case to Small Claim Court. Defendant got lawyer and elevated case to District Court. Trial set for June 9, 2015.
Now defendant lawyer placed on the Court a Motion to Strike and Motion for Summary Judgement for May 5 or soon thereafter.
What should I do now? I want case to be heard June 9. Should I go personally to the Court tomorrow. But talk to whom. Will judge make decicion in my absence?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Once a case is removed to district court, the plaintiff no longer has a right to force it to be in small claims court. You no longer have a right to a small claims hearing on June 9, you have to file an objection to the motion to strike and an objection to the motion for summary judgment in writing and ask the court to deny those two motions. If you do not reply to the motions and object to them and you do not appear then the judge would rule on those motions unopposed and could indeed end up ending your case.I would strongly urge you to object to those motions and to file them as soon as possible explaining why you have a legal case and why there are issues of material fact that would prevent the issuance of a summary judgment. Also, if at all possible, to avoid losing solely because of the opponents lawyer using technicalities against you knowing that you are not familiar with procedure and the law, I would urge you to engage a local attorney immediately to assist you in District Court, which is not like small claims and it is much more formal.