Can I withdraw my small claims court case after it has been filed?

Yes, you can withdraw your small claims court case after it has been filed in California. California law allows you to change your mind after filing a small claims court case. The process of withdrawing your case is called "dismissal", and there are two ways to have a dismissal: voluntary dismissal and dismissal by the court. If a voluntary dismissal is requested, the court must grant it unless there are unusual circumstances or if the dismissal would cause significant hardship or injustice. You must fill out a Request for Dismissal form and submit it to the court clerk. Generally, dismissal filed before the court’s answer to the complaint or the court’s initial disposition of the case is automatically granted. If a dismissal is requested after the case has been decided, the court is required to grant it if the plaintiff can show that the dismissal would not substantially harm the defendant or the court’s interests. The court may also grant a dismissal for good cause if the case is not yet decided. In this situation, a Motion to Dismiss must be filed and a hearing scheduled. It is important to note that while dismissal of your small claims court case is possible, the court may not refund any filing fees paid and you may still be responsible for any costs or expenses incurred by the defendant.

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Can I withdraw my small claims court case after it has been filed?

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