Can a small claims case be cancelled if settled before the court date?

UPDATED: Jun 27, 2012

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Can a small claims case be cancelled if settled before the court date?

I am being taken to small claims for an outstanding rent due of $659. I am currently finding a new tenant for the property to take over my remaining lease.

Asked on June 27, 2012 under Real Estate Law, Idaho


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the case is settled, the parties should sign a release of all claims.  This means you cannot be sued again on the same claim.

The plaintiff can file with the court a request for dismissal (court form) on which the appropriate items can be checked such as dismissal of all parties and all causes of action.  The dismissal should be with prejudice which means the case cannot be reinstated.  If the dismissal is without prejudice, that means the case could be reinstated in the future.

The plaintiff can call the court and have the matter taken off calendar, which means the scheduled hearing has been cancelled. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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