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 Massachusetts. This is known as “voluntarily dismissing” your case. In order to dismiss your case, you must file a formal, written request with the court called a “Notice of Dismissal.” It must include the words “Voluntary Dismissal” and be signed by you, the plaintiff. You can file the notice in person at the court, or you can mail it. If you file it in person, the court may dismiss your case right away. If there is a defendant in the case, they must also be informed of your intent to dismiss the case before it is officially dismissed. The court will provide you with the address and contact information for the defendant so you can notify them in writing of your intent. You must also provide the court with proof that the defendant was properly notified. The court may also require you to file a “Stipulation of Dismissal” which is a written agreement between both parties to settle the case without a court order. This must be signed by both parties in order for the court to dismiss the case. In most cases, the court will grant your voluntary dismissal. However, there may be instances in which the court does not grant the dismissal. This can occur if the court believes that the filing of the case was made in bad faith, or if it would not be in the interest of justice to dismiss the case. If this happens, the court may require you to explain why the case should be dismissed. If the court ultimately denies your request to dismiss the case, the case will proceed as normal.

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

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