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

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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

Answers:

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

Answered 9 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. 


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