Chicago, IL asked in Construction Law for Illinois

Q: A sub-contractor is suing me in District Court and asking for attorney’s fees

- but they are bringing the case to court themselves. Can I get this moved to small claims?

Related Topics:
1 Lawyer Answer
Mazyar M. Hedayat
Mazyar M. Hedayat
Answered
  • Construction Law Lawyer
  • Romeoville, IL
  • Licensed in Illinois

A: Your question is too vague for a full answer. To begin with, you reference being sued in "District Court" - which is the name given to Federal Courts in Illinois. I suspect you mean that you are being sued in the Circuit Court for your County and your question is how to have the matter heard in the Small Claims division of the Court. The answer to that is you may move the Circuit Court to transfer the case. The Court would do so only if the case meets the requirements for a small claims dispute (less than $15,000 in damages, etc.). If there is a Mechanics Lien involved then the matter may not be transferrable to Small Claims at all. I recommend that you sit down with a competent Attorney and talk to him or her before moving forward. Best of luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.