Just in from John Stuart:
Forcible Detainer/Unlaful Detainer (same thing, just depends on the state) are almost always done in JUSTICE COURT. JUSTICE COURT usually have a "monetary limit," in Arizona it is $10,000.
When the Bank files to remove you from your home after winning a foreclosure case they file a Forcible Detainer/Unlaful Detainer to get the court order. By filing in JUSTICE COURT they can usually get away with a bench trial instead of a jury trial.
A trick to remove the case to SUPERIOR COURT is to answer and include a counter claim above the JUSTICE COURT's limit. The JUSTICE COURT must then move the case to SUPERIOR COURT. This could garner the homeowner weeks and even months and make it more likey there will be a jury trial.
Everyone needs to know and use this trick.
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ReplyDeleteLeslie,