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 Virginia. However, the process is slightly different depending on whether the case has been served or not. If the case has not been served yet, you can simply file a form called a “Notice of Dismissal” with the court. This form must be signed by the plaintiff (the person who filed the case) and the defendant (the person being sued). If the case has already been served with process, the plaintiff must file a “Motion to Dismiss” with the court and serve a copy on the defendant. The defendant must then file an answer and/or a motion to dismiss the case. The court will then review the motion and decide whether to grant or deny it. If the court grants the motion, the case will be dismissed. It is important to note that once a case is dismissed, the court will not hear it again. So, if you are considering withdrawing a case, make sure to do it before the case is served.

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