I was served 1/22. The Summons, Complaint and Cause of Action was filed 12/8. Case was filed in Superior Court for less than $2,800. I have no clue what this is about; I have not been receiving letters from anyone telling me I owed money and that I should pay or else. The Cover Sheet has “Rule 3.740 Collections” checked off. Why would this case not have been filed in Small Claims Court? Can I have this case vacated or sent to Small Claims? Should I call attorney on record for more info or would that hurt me in long run? Just to know, I called a law office and was told about a retainer (retainer and cost would go over $2,800 I am being sued.) I am at a loss, my financial situation is not great in that I work for a small specialty shop, and I know I have 30 days to do something.
For most people and companies in California, claims falling under the maximum amount in small claims MUST be filed in small claims. However, if a law firm or collection agency files a certain number of cases per year (which these guys probably do), they have special permission to file in Superior Court. So, yes, you will have to defend yourself in Superior Court. Since the claim is less than $25,000, you are in what is called "limited jurisdiction" where the process is far simpler and more streamlined. You can probably do this yourself. Make sure to get your answer filed with the court and served (by mail) on the other side. You can use judicial counsel forms which are available here: http://www.courts.ca.gov/forms.htm
First thing you need to do is pull the form for an answer and a proof of service (attached at the back, attesting to the fact that you served the plaintiff's attorney with a copy of your answer. Regular mail is okay. There will be a filing fee, but if you cannot pay it, you can apply to have it waived (there is a form for that too). Also, check the court's website (different than the one I just posted) for helpful hints and FAQ's. You should be okay.
Yes, a collection case for $2800 could be filed as a limited jurisdiction case in the superior court, rather than in small claims court.
One possible reason is that the superior court permits attorneys to represent the parties. Another reason might be that superior court permits a limited amount of discovery, whereas small claims court does not.
You do not have the legal right to motion to court to transfer to small claims court. Where a claimant chooses to file a limited civil case, the Court cannot properly transfer the case to the small claims division. “Claims for $5,000 or less are within the concurrent jurisdiction of the small claims division and the superior court.” (Weil & Brown (2010) para. 3:54.3 (citing Code of Civil Procedure § 87(a) and Rosenberg v. Sup.Ct. (Cantu) (1998) 67 Cal.App.4th 860, 867).
By filing a lawsuit in the Superior Court, the plaintiff has chosen to exercise his/her/its right to counsel —a right which would not be afforded to it had he/she/it opted to pursue its claim in the small claims division. (See Code of Civil Procedure section 116.530.) The Court cannot and will not take away that right, even if one of the parties cannot afford counsel.
Small claims max is $7500 (now $10k). That does not mean someone MUST file in Small Claims. There are innumerable reasons why people do not go to small claims court (waiver of jury trial, multiple-filings within one year, they prefer to be represented by an attorney, etc).
