How to Drop a Court Case in Small Claims Court

There a numerous reasons you may want to dismiss a small claims case. If you and the opposing party have reached an out-of-court settlement, dismissing the case is appropriate. You also may realize that you can't actually meet you burden of proof or you don't have the finances to pursue the case. No matter the reason, it is important to understand to process for dismissing a small claims case. In most states there are two main ways to dismiss a case: file a notice of settlement or file a motion for dismissal. Keep in mind that small claims rules vary amongst jurisdictions, so make sure you verify the procedures with the court in which you filed the case.

Things You'll Need

• Case information, including party names and case number
• Notice of Settlement form
• Motion to Dismiss form

Instructions

Notice of Settlement Instructions

1. File a Notice of Settlement with the court in which you filed the original case. The Notice of Settlement should include the case number, the names of the parties and the terms of the settlement.

2. Send a copy of the Notice of Settlement to the opposing party so they are aware it has been filed.

3. Wait for the settlement terms to be met. The court will actually leave the case open until all of the settlement terms have been met.

4. Notify the court that all settlement terms have been met and the case should be closed.

Dismissal Instructions

1. Fill out your court's Motion to Dismiss paperwork. Most courts have a form that can be downloaded from the court's website.

2. Fill out the forms. Typically, a motion to dismiss form requires you to fill in your name, the defendant's name, the case number and the reason for dismissal. Most courts also require you to fill out an Order of Dismissal form that the judge will sign when granting the dismissal.

3. File the forms with the court. You may have to pay a small filing fee, though the requirements vary from jurisdiction to jurisdiction.

4. Have the motion served on the opposing party, typically by a constable or certified process server.

5. Contact to court to confirm the judge has granted the motion to dismiss.

Tips & Warnings

• Keep thorough records of all court documents.

• Keep in mind that the opposing side must receive a copy of any document you file with the court.

References

• Settlement Checklist
• Dismissal Checklist