Legal Question in Credit and Debt Law in California
sued for small claims in superior court
I am being sued in superior court for a dental bill for my stepson , the original bill was $776 and with interest and atty fees they are suing now for about 1300, this has never been to small claims, and I need to know if they can sue me in superior without first pursuing small claims , we are being sued by an atty representing the collection agcy that represents the dentist, my stepson (never adopted) was covered by his biological father's insurance at the time of the service but he botched up the claim and it didnt get paid,we are trying to get the insurance to cover the claim but they are slow and we only have 3 days to file our answer to the case, should we request this be dismissed to small claims or ??? thanks we are very lost
3 Answers from Attorneys
Re: sued for small claims in superior court
You cannot force the plaintiff into small claims court. Every superior court has jurisdiction to take what are now called "limited jurisdiction" cases, for amounts in controversy of less than $25,000. You should file an answer and then try to negotiate a settlement. I would advise your retaining counsel, if for nothing else, advice along the way.
Good luck.
Re: sued for small claims in superior court
You need to get an Answer on file IMMEDIATELY so you do not get a default entered. You cannot force them into small claims.
Did you sign something to make yourself responsible for the bill? Who is the attorney? Who is the collection agency?
This situation sounds very similar to a case we are working on right now.
I would be happy to speak to you at no charge. Please call me at 6 1 9 - 2 9 1 - 7 7 7 8.
Re: sued for small claims in superior court
Unless you have a written contract that requires that the matter go to small claims, they are allowed to sue in Superior Court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
