Once you file a lawsuit in small claims court, how can you drop it?

Question

Once you file a lawsuit in small claims court, how can you drop it? Are you still liable for attorney’s fees if the case involves a contract where the person who brought the suit is responsible for paying the winner’s attorney’s fees?

Answer 1

Answer Man...I've been an attorney for a while now but consider this a general statement since you may not be where I practice law. This answer is long but is designed to give you a very good idea of what you may do.

You mentioned a contract being involved where the "loser pays" the winning party's fees and/or costs. However, in some States, when a suit is filed and then "dropped" or dismissed, the dismissing party is then considered the loser and the opposing party is deemed the "prevailing" party, the winner. This may be your State.

So, even if this is your State's position on dismissal of a case, here are some ways to avoid getting hit for costs and fees in such a situation. There are two options below depending on the specific status of your case.

I. If you have not had the other side served with the Statement of Claim/Complaint/suit papers...

Then you can simply file a document that is called and titled, a Notice of Voluntary Dismissal. You will sign it and file it with the Clerk of the Court and you will include at the top the exact caption of the case and case number. Make sure that any steps to serve the Defendant are of course stopped as well.

II. Assuming you have already had the other party served with the small claims "Complaint" (or "Statement of Claim"), "suit papers", then you should seek a "Stipulation of Dismissal."

What this Stipulation is, is a document that you can draft that contains language that the matter will be dismissed and that such dismissal is by agreement of the parties. It will be signed by you and the other party or a representative of that party. This will require your contacting the other side (you should not contact them directly if they have an attorney...if so, you should contact the attorney). The Defendant will usually be fine with an agreed to dismissal since they obviously don't prefer being sued.

The dismissal should be "without prejudice" if you are the Plaintiff, meaning that you can bring the case again (i.e., by re-filing the suit) should you wish as long as you do not let the Statute of Limitations expire. If you don't state in the Stipulation for Dismissal that the matter is dismissed "without prejudice" then you may not be allowed to bring it later.

Also, you should include this language: "each party to bear their own fees and costs." This is relatively standard in a dismissal. This will give you further assurance that they will not pursue fees and costs against you for dismissing the case.

So...draft a Stipulation for Dismissal and name/entitle it that, and use the caption of the case as it is a document that you file with the Clerk. Then, in the body of the stipulation, state that "the parties herein stipulate that this matter be dismissed, without prejudice, each party to bear their own fees and costs." Then each party or party rep. signs and dates the Stipulation and it is filed with the Clerk. You may wish to call the judge's assistant to advise of the Stipulation as well.

Small Claims proceedings are meant for simple access to Courts without having to hire an attorney. Usually a clerk at the Clerk's Office can give you some guidance though not legal advice if not an attorney. You may wish to take what I have given you here and confirm it with a clerk. For instance, sometimes they want a certain format to their filings or call a dismissal something specific. Also, you may want to/should confirm this with an attorney in your State (i.e., at a Legal Aide office, or with a attorney that will give you free advice on this...you may be able to get a name or several from your County's bar association office).

Best of luck....

Answer 2

File a plaintiffs motion of dismissal with the court. Not sure about the attorneys fees. I would guess that if the judge approves the motion for mismissal (which they usually do if the plaintiff requests it), then any actions or payments associated with the case would be dismissed as well. Anyway, since no attorney is required in small claims courts, I dont think that attorney fees are typically granted or even an issue. Except of course the court filing fees for the filing and subsequent motions would still stand.

Answer 3

Where I live if you file in Small Claims Court lawyers are not usually involved, it is the People's Court and that's why it was created. Regardless if you filed a suit and you now wish to withdraw it you go to the courthouse and file the paperwork to do that. It's not complicated, they will help you at the counter and there is no charge. If the Respondent in the matter hired a lawyer they cannot come after you for legal fees unless they file their own suit and try to get court awarded costs. If they do go to that extent (and most don't because they are happy just to see the whole thing go away) they normally are awarded a token, IE a hundred dollars or so.

Answer 4

Once that suit has been filed and served on the other party, the party who filed the suit may file paperwork with the court to dismiss the suit.

If it is dismissed with prejudice, it means that this case may never be brought again. this is usually the case when there has been some form of settlement agreement.

If it is dismissed without prejudice, then this case may be filed again as long as it is still within the statute of limitations.

As to attorney fees for the winner, if the case is dismissed, there is no winner (or loser) so there is no liability for attorney fees.

Answer 5

if you filed it you can withdraw the case at any time. just make sure there's enough time to serve the new docs cancelling to the other party or you'll have to go to court on that date to do it.

Answer 6

WNW dot don't show up dot com case dismissed