Legal Question in Civil Litigation in Arizona
Small Claims Case against a Corporation
I have commenced a small claims case against a repair shop which is a dba of a major corporation. It is my claim that a repair they did to one of my vehicles was improperly performed later causing a catastrophic failure. The corporations attorney filed a response and requested the case to be transferred to civil court. It is my opinion that the transfer to civil court request is a ploy to put pressure on me by allowing the attorneys to take over the case and threaten me with attorney's fees if I lose. Was it legal for the attorney to file the response? ARS 22-512(B6) seems to not allow that. What is the downside if I see this through civil court. Thanks.
1 Answer from Attorneys
Re: Small Claims Case against a Corporation
Unfortunately the statute allows for this and although it may feel like a ploy(it probably is a little bit of that...a power thing), it is allowed under the statute. Unfortunately also, it may subject you to attorney's fees and costs if they prevail and the court considers this a matter based on contract.
Please let me know if I can assist you in any way.