An attorney charged me to assist me in getting a mortgage modification. 6 weeks after he told me negotiations had started, i

got a call from the mortgage company giving me modification options. They told me there was no attorney working on my file. When the attorney was contacted, he said it takes about 30 days for the bank to update their system. 3 weeks later the bank told me the same. At this point the attorney stopped picking up my calls. I asked that work be discontinued on my case and requested a refund. At the end of the month they went ahead and deposited another check. I sued them in a small claim court. Our hearing is on the 14th oct. I received today in the mail a motion to move the case for adjudication to a circuit court so they can present facts. Should i sign this or is it a way for them to buy time?