Removing to Small Claims

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This page explains how to move a case from district court to justice court. This can happen if you are only sued for money. It is sometimes called “removing” or “transferring” the case.

Can you move your case?

You can only move your case if all three of the following  are true:

  • You are sued in district court.
  • The case is for an amount that could be in small claims court
  • The person suing you (the plaintiff) agrees to move the case. You cannot move the case if the plaintiff disagrees.

How to move your case (3 Steps)

There are three steps to move your case. You must do all of them within the time you have to answer the lawsuit in district court. See the answer page for help calculating your deadline.

Step 1. Ask the person suing you if they agree to move the case to small claims court.

  • You cannot move the case if they do not agree.

Step 2. File a “Notice of Removal” in the justice court and pay a fee.

  • Go to the justice court in the right location (see “Which justice court?” below).
  • File a paper called “Notice of Removal.” (This paper tells the Justice Court you want to move the case).
  • Pay the justice court filing fee. This is the same fee the person suing you would have paid if they started in small claims court.
    • The plaintiff will not get back the fee they paid in district court.
  • The justice court will schedule a trial date. File a Notice of Hearing and serve it on the plaintiff.
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Step 3. File a “Notice of Removal” in the district court.

  • After you file in Justice Court (Step 2), go to the district court where you were first sued.
  • File a “Notice of Removal” there too.
  • You must include the justice court case number on this paper. You get this number when you file in justice court in Step 2.

Which justice court?

You can move the case to a justice court in one of these locations:

  • The same court area (“judicial district”) as the district court case.
  • Where you live.
  • Where the events in the case happened.

Use the court directory to find justice courts.

After you move the case

  • The District Court will send your case papers to the justice court.
  • The Justice Court will set a date for a small claims court trial.
  • The case will then follow the normal rules for small claims court.
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