Transferring A Small Claims Case To A Higher Court
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Transferring A Small Claims Case To A Higher Court Form. This is a California form and can be use in San Francisco Local County.
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Tags: Transferring A Small Claims Case To A Higher Court, SCF-40, California Local County, San Francisco
Superior Court Small Claims Division 400 McAllister St., Room 103 San Francisco, CA 94102 (415) 551-4000 TRANSFERRING A SMALL CLAIMS CASE TO A HIGHER COURT (CCP 116.390) A Defendant in a Small Claims action who is also a Plaintiff in a limited or Unlimited court action against the Small Claims Plaintiff, may ask to have the Small Claims action transferred to the higher court to be heard with the higher court action. To request transfer from Small Claims, the Small Claims Defendant must, at or before the time set for trial in the Small Claims Court, do the following: 1. File with the Small Claims clerk a declaration stating: facts concerning the Defendant's action against the Plaintiff (i.e. how the claim relates to the contract, transaction, matter, or event which is the subject of Plaintiff's claim); and that such action is in an amount greater than the jurisdictional limit of the Small Claims Court. 2. Submit a file endorsed copy of the complaint which was filed in the higher court. 3. No fee required. 4. Personally serve the declaration at or before the time set for the hearing of the Small Claims action. THE REQUEST TO TRANSFER TO A HIGHER COURT WILL BE RULED ON AT THE TIME OF THE SMALL CLAIMS TRIAL. SCF 40 5/06 American LegalNet, Inc. www.FormsWorkflow.com
