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?

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1 Lawyer Answer
Mazyar M. Hedayat
Mazyar M. Hedayat
  • 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.

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