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 South Carolina. There are two ways to withdraw a case. The first way is for both parties, the plaintiff (the one who filed the case) and the defendant (the one being sued), to agree to the withdrawal. This means that both parties agree to end the case and neither will receive any compensation. The second way is if only the plaintiff wants to withdraw the case. In this instance, they must file a Notice of Voluntary Dismissal with the court stating their intention to withdraw the case. This notice must be signed by the plaintiff in order for it to be accepted. Once the Notice of Voluntary Dismissal has been filed, the case is typically dismissed without prejudice, meaning that the plaintiff may refile the case at a later date if they choose to. If either party does not agree to the voluntary dismissal, the case will go to trial. It is important to note that in South Carolina, the defendant may be able to recover court costs if the plaintiff voluntarily dismisses the case after the defendant has responded to the complaint.

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