Connecticut Small Claims Transfer to Regular Court: When It Makes Sense

What Transferring Means

Under Practice Book § 24-21, a defendant in Connecticut small claims can request to move the case from the Small Claims Session to the regular civil docket of the Superior Court. This changes the rules that govern the case: formal rules of evidence apply, discovery (depositions, interrogatories) becomes available, and either party can request a jury trial.

The trade-off is cost, complexity, and a specific financial risk that most defendants do not know about until it is too late.

How to Request a Transfer

The defendant files a Motion to Transfer with the Centralized Small Claims Office on or before the Answer Date. This is the same deadline as your written answer — miss it, and you lose the right to transfer entirely.

The transfer fee is $125, paid at the time of filing. If you also want a jury trial in the transferred case, there is an additional jury fee on top of the $125. Defendants who cannot afford the fee can apply for a waiver using Form JD-CV-120.

What Changes After a Transfer

The biggest practical change is that small claims decisions are final and cannot be appealed. In regular civil court, the losing party can appeal to the Connecticut Appellate Court. If you believe the claim against you is weak and you want the option to appeal a bad ruling, transferring preserves that right.

Discovery can also help if the plaintiff's claim depends on documents or information you do not have access to. In small claims, you get almost no pre-trial discovery. In regular court, you can compel the plaintiff to produce records, answer written questions, and sit for a deposition.

The Fee-Shifting Risk

Here is the part that does not appear in most self-help guides. Under CGS § 52-251a, if you transfer the case to the regular docket and the plaintiff still wins, the court can order you to pay the plaintiff's attorney's fees and taxable costs. This statute exists specifically to discourage defendants from transferring cases as a delay tactic.

In practice, this means: if the plaintiff hires a lawyer for the transferred case and wins, you could owe the judgment amount plus their legal fees. For a $3,000 claim where the plaintiff spends $2,000 on a lawyer, your total exposure just jumped to $5,000.

This risk makes transferring a poor strategy when your defense is weak or when you are primarily trying to buy time. It makes sense only when you have a genuine factual or legal defense that benefits from formal procedures — a complex contract dispute, a claim that turns on testimony from multiple witnesses who need to be deposed, or a situation where the relaxed evidence rules of small claims work against you.

When Transferring Makes Sense

• You have a strong defense that requires formal discovery to prove — documents the plaintiff has that you need
• The claim is large (closer to the $5,000 standard limit or the $15,000 qualifying registered-contractor limit) and the financial stakes justify the added cost and complexity
• You want to preserve appeal rights because the legal issues are genuinely contested
• You plan to hire a lawyer and want the case in a forum where formal legal arguments carry more weight

When It Does Not

• You are trying to delay the process or hope the plaintiff gives up
• The claim is small and the fee-shifting risk exceeds the judgment itself
• You are self-represented and the plaintiff will likely hire a lawyer in regular court
• Your defense does not depend on discovery or formal evidence rules

The Connecticut Small Claims Response Guide includes a transfer decision worksheet that walks through the costs, risks, and strategic considerations for your specific situation.

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