Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Legal question regarding small claims court. I filed a claim…

Legal question regarding small claims...
Legal question regarding small claims court.I filed a claim to retrieve my insurance deductible for condo repairs to flooring and paint - which resulted from my neighbor’s failure to clean their a/c condensation drain pipe. The drainage from their unit into mine has happened on several occasions.I showed up and my neighbors who live out of the country (and rent their unit) had an attorney represent them in front of the judge.When the case was called, the defendant’s attorney met in hushed consultation with the judge. I only spoke to indicate I was present. It was clear that the judge and attorney knew each other.As a result of the discussion between them, it was announced the case would move to a general district court.My whole goal of Small Claims was to avoid expensive litigation costs, and to avoid having to hire an attorney.Can I challenge their being represented by an attorney? And can I ask for the reason why (and possibly protest) the judge’s decision to move the case to a General District Court.
Show More
Show Less
Ask Your Own Legal Question
Answered in 11 minutes by:
3/19/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,242
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The defendant has the option to move a case to district court, this is a right of a defendant to request removal. So, legally, you cannot object to the removal to district court, which is a right granted to the defendant I am sorry to say.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 1 month ago
But in Virginia, lawyers are not allowed to represent defendantsin small claims court, and in this case, that is exactly what happened.

Thank you for your reply.

That is not ENTIRELY true. In general, attorneys are not allowed in small claims court, but there are exceptions, such as where the defendant is not a resident of VA or the defendant is a business. So, because you sued the owner who live outside the US, they had a right to use an attorney and also that is the basis for removal to general district court. .

Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,242
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
One more please: I’d like to know if I can suffer any repercussions from withdrawing the case. Like would/could the lawyer for the other party try to countersue me? Or something like that?

Thank you for your reply.

You can dismiss the case if you want to do a voluntary withdrawal.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Maybe you could tell me the risks of going to General District Court without a lawyer. My thought is “What do I have to lose?” But that could be naive. Would be nice to know before I decide what to do. Thanks so much again.BTW, before my short experience in the Small Claims Court I’d never been in a court room before.

Thank you for your reply.

District court is a little more formal. It follows the rules of evidence and rules of civil procedure, so that means you need to get a copy of the VA rules of civil procedure and rules of evidence. It means you have to read them with regard to producing your evidence in your case in court. That really is the hardest part. In district court you can request discovery from the other party and they can request discovery from you, requests for production of documents or requests for interrogatories and requests for admissions.

But as long as you follow the rules which are fairly simple to read you should be fine.

Ask Your Own Legal Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 123,242
123,242 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

123,242 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What forms are needed to defend yourself in small claims
What forms are needed to defend yourself in small claims court and counter sue in small claims court? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Would the case number on the plaintiff small claim (that's
Would the case number ***** the plaintiff small claim (that's me now) form SC - 413 be the same case number ***** the original case number ***** by the plaintiff who sued me outside of small claims?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
What rules of Florida Civil Procedure govern the following
What rules of Florida Civil Procedure govern the following situation: 1. A Florida Corporation FC hires a Lawyer L, to file a lawsuit against the state on an issue relating to the alleged unconstituti… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
How can someone submit a small claims issue if you live out
How can someone submit a small claims issue if you live out of state. Had some car work done at a Jeep dealership and they broke some cv boots but are not willing to pay for repairs even though I have… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
About evidences for civil district court. Can "character
Hi! About evidences for civil district court.Can "character evidence" be introduced at the day of trial, rather than the discovery period? I ask because the character evidences I have (text messages) … read more
Sean K
Sean K
Attorney/Member
JD
422 satisfied customers
I plan to sue in district court for tortious interference,
I plan to sue in district court for tortious interference, how much should I ask for? If it is too high, will the judge think it is a frivolous suit?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I lost in small claims and I was the plaintiff. However this
I lost in small claims and I was the plaintiff. However this is a contractor's case and I am the homeowner who is out a lot of money to this person who walked off the job. The judge pro tem stated tha… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I am a pro se litigant in civil district court. Today I
Hi. I am a pro se litigant in civil district court. Today I received the plaintiff's: request for production and interrogatories to defendant. They ask that the response be received in 30 days. The pr… read more
Bill Attorney
Bill Attorney
law
2,022 satisfied customers
I need assistance with questions on a small claims suit
I need assistance with questions on a small claims suit involving a auto insurance company… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Can a patient sue owner dentist in small claims if
Can a patient sue owner dentist in small claims if incorporated and arbitration was signed. How to dismiss this case?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Under the Federal Rules of Civil Procedure. I did not answer
Under the Federal Rules of Civil Procedure. I did not answer summons and complaint I received. M y reason for not answering, INSUFFICIENCY OF SERVICE OF PROCESS had no official Court Seal and was not … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Q about civil procedure in California. My Q is seeking
My Q is seeking advise on whether or not it would be wise to do so … read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
I am taking a company that is Incorporated to small claims
I am taking a company that is Incorporated to small claims court for damage to a piece of art that was dropped and broke in half. He repaired it without telling me the extent of the damage. I no longe… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
Would like to file a small claims against an insurance
Would like to file a small claims against an insurance company that is a direct writer, so with no statutory agent not sure how to proceed. … read more
Andrew
Andrew
Attorney
Juris Doctorate
302 satisfied customers
Rules of Civil Procedure Question. In Arizona Justice Court
Rules of Civil Procedure Question. In Arizona Justice Court a defendant has 20 days to respond to a complaint. But plaintiff may amend once as a matter of course before a responsive pleading is filed.… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
Texas Southern District Court - civil case... To appeal the
Texas Southern District Court - civil case... To appeal the declined decision for a court appointed attorney... 1. Fee waiver approved. 2. Letter from legal aid submitted.Thinking I'll add the list of… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
What section of the California Rules of Civil Procedure
what section of the California Rules of Civil Procedure governs discovery response times/due dates? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Federal Rule of Civil Procedure, the Defendant has failed to
Federal Rule of Civil Procedure, the Defendant has failed to "plead or otherwise defend" pursuant to 55(a)(b)The Defendant has filed a motion for an extension on December 4th, The Federal judge did NO… read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x