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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9034
Experience:  since 1983
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I have a $5000 civil suit against a former employer wages. I

Customer Question

I have a $5000 civil suit against a former employer for unpaid wages. I tried to get it transferred to conciliation court but the judge ruled that because the employer responded with a counter-suit I must now proceed in civil court unless both parties submit written stipulation for dismissal without prejudice and a proposed Order. Is there any disadvantage to leaving the case in Civil court? Or another way of putting it, is there an advantage to going through the trouble to have the case placed in conciliation court?
Submitted: 3 months ago.
Category: Legal
Expert:  N Cal Attorney replied 3 months ago.

Thank you for your qeustion.

One advantage is that it is less expensive because no lawyers are required. The pros and cons are pretty well discussed at

I cannot offer legal advice, but my opinion is that you should go along with the Court's suggestion and dismiss the existing case WITHOUT PREJUDICE and try conciliation court, if that does not resolve the matter you can appeal for a new trial in civil court. As stated at the above link: "Filing an "appeal" (i.e., removal to District Court) involves a "do over" of the whole case, and there is a civil trial at the District Court."

I hope this information is helpful.

Expert:  N Cal Attorney replied 3 months ago.

The County Law Library will have legal practice books with samples of the forms you need.