Anaya Nolan
In California, small claims court allows individuals or businesses to sue a person, business, or government agency for owed money, with a limit of $12,500 ($6,250 if you're a business). If you started a small claims case in California and want to remove it from court, you can ask the court to cancel (dismiss) it. This can be done by filling out a CIV-110 Request for Dismissal Form and serving it to the other party. You can also dismiss a case if you don't show up to court on the trial date, although this is not recommended as the judge may enter a judgment against you.
| Characteristics | Values |
|---|---|
| Case dismissal | If you started a small claims case and don't want to finish it, you can ask the court to cancel (dismiss) it. |
| Reasons for dismissal | You were paid what you were owed; you can't find the person you want to sue; you changed your mind; you reached an agreement with the other side. |
| Types of dismissal | With prejudice (you cannot re-file your case ever); without prejudice (you can re-file your case in the future). |
| Dismissal procedure | File a local document, e.g. a CIV-110 Request for Dismissal Form in California; fill out and submit forms to the court clerk; file three copies of the dismissal document for your courthouse. |
| Costs | The filing fee for a small claims case is between $30-$100; if you can't afford the fee, you can ask for a waiver. |
| Time to court | Once you file papers, you typically have a court date in about 1-2 months; a court hearing should be scheduled within 20-70 days. |
| Lawyer representation | You can ask a lawyer for advice, but you can't have one with you in court; you can't have a lawyer represent you. |
| Collection of money | If you win your case, you have to collect the money yourself. |
| Appeals | If you started the case, you can't appeal if you lose; if you are sued or the other side sues you back and you lose, you can appeal. |
| Case limits | Generally, you can sue for up to $12,500 in small claims court ($6,250 if you're a business); you can file two claims over $2,500 in a calendar year; unlimited claims under $2,500. |
| Court location | You can file your case at the court nearest to where the contract was signed, the person you are suing lives, or the business is located; you can also file where the damage or injury occurred. |
| Witnesses | You can bring witnesses to court. |
| Interpreter | If you do not speak English, bring someone to interpret for you; the court provides interpreters at no cost. |
| Counter-suing | The person you are suing can counter-sue by filing an SC-120 Defendant's Claim. |
| Postponement | You can request an SC-150 Postponement free of charge if you haven't served the defendant; if you have served the defendant, you can request a Postponement for a $10 fee. |
| Removal to federal court | A defendant can remove a case from state to federal court by filing a notice of removal and notifying the state court and other parties; federal courts may have advantages in terms of efficiency and consistent rules and caselaw. |
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What You'll Learn
Cancelling a small claims case
If you started a small claims case in California and no longer want to finish it, you can ask the court to cancel (dismiss) it. There are several reasons why you might want to do this, including:
- You were paid what was owed to you.
- You can't find the person you want to sue, but want to be able to sue them later.
- You don't want to sue all the people you originally sued.
- You changed your mind and don't want to sue anymore.
- You reached an agreement with the other side.
It is generally recommended that you wait to dismiss your case until after the other party has fulfilled their obligations, such as paying you or returning/fixing something. This is because, if you dismiss the case beforehand, there is no guarantee that they will follow through on their end of the agreement.
With Prejudice vs. Without Prejudice
There are two ways a case can be dismissed: with prejudice and without prejudice. Dismissing a case with prejudice means that you cannot refile your case in the future. This option is usually chosen when an agreement has been reached and the full amount agreed upon has been paid. On the other hand, dismissing a case without prejudice means that you can refile your case in the future, as long as you are within the statute of limitations. This option is often chosen if an agreement has been reached but payment is not due immediately, or if the defendant cannot be located but may be found at a later date.
How to Dismiss a Case
To dismiss a small claims case in California, you will need to follow the court's specific procedure, which typically involves filing a local document. For example, in California, you would file and serve a CIV-110 Request for Dismissal Form. You will need to fill out and file three copies of the dismissal document at your courthouse: one for the court to keep, one for yourself, and one to be mailed to the defendant.
If you served the Plaintiff's Claim or if a Defendant's Claim was filed, you will also need to fill out the top part of the Notice of Entry of Dismissal and Proof of Service (form CIV-120). Attach a copy of the filed Request for Dismissal to it and have both documents served on the other side. The server will then need to fill out and sign the Proof of Service section of the original Notice of Entry of Dismissal and Proof of Service form. Make a copy of the entire form and file the original and one copy with the court to let them know the other side received the Request for Dismissal.
Please note that you cannot simply call the courthouse and ask them to cancel the lawsuit. By dismissing your case ahead of time, you are helping the court address its remaining caseload. However, missing your court date is not without risk. If you, as the plaintiff, do not appear at the hearing and do not notify the court of your absence, the judge may enter a judgment against you after considering the defendant's evidence.
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Dismissing with or without prejudice
If you started a small claims case in California and don't want to finish it, you can ask the court to cancel (dismiss) it. There are two ways a case can be dismissed: with prejudice and without prejudice.
Dismissing with Prejudice
Dismissing a case with prejudice means that you cannot refile your case ever. People often choose this option if they have reached an agreement about all the issues and have been paid the full amount agreed upon.
Dismissing Without Prejudice
Dismissing a case without prejudice means that you can refile your case in the future as long as you are still within the statute of limitations. People often choose this option if they cannot find the person they want to sue but want to file a case later if they find them, or if they have reached an agreement but the person paying does not have to pay right away.
To dismiss a case, you will need to fill out a Request for Dismissal form and file it with the court clerk where your small claims case was filed. If you served the Plaintiff's Claim or if either side filed a Defendant's Claim, you should fill out the top part of the Notice of Entry of Dismissal and Proof of Service (form CIV-120). Attach a copy of the filed Request for Dismissal to it and have it served on the other side. You will need to mail a copy of the Notice of Entry of Dismissal and Proof of Service with a copy of the filed Request for Dismissal to the other side to let them know that the case was dismissed.
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Filing fees and costs
The filing fee for a small claims case in California is between $30 and $100, depending on the amount of the claim. If the claim is for $1,500 or less, the fee is $30. For claims between $1,500 and $5,000, the fee is $50. Claims over $5,000 incur a fee of $75. If the plaintiff has filed more than 12 small claims actions in California within the previous 12 months, the filing fee for each subsequent case is $100.
If you are unable to afford the fee, you can ask the court for a fee waiver. If you win your case, you can request that the defendant reimburses you for your court fees.
There are other costs to consider when filing a small claims case. Serving costs, for example, can range from $0 to $75 per person you sue. If you need to postpone your court date, this will cost $10. If you choose to use TurboCourt to e-file your small claims lawsuit, there is an additional $5 fee, plus the regular court fees.
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Serving the defendant
Identifying the Defendant
It is essential to correctly identify and name the defendant in your case. If you are suing an individual, make sure you have their full name and, if possible, any other identifying information such as an address or date of birth. If you are suing a business, ensure you have the correct business name and address. For corporations, you will need to identify the person to whom you will serve legal documents. This could be the company's Agent for Service of Process, an officer of the corporation, President, Vice-President, Secretary, or Treasurer.
Methods of Service
There are different methods to serve the defendant with the legal documents, also known as the Plaintiff's Claim:
- Personal Service: You can serve the defendant in person. This typically involves delivering the documents directly to the defendant or having someone else deliver them on your behalf.
- Substituted Service: If the defendant is not at their residence or usual place of business, you can leave the documents with another person who is at least 18 years old. This method is called substituted service and is considered complete 10 days after the claim is mailed.
- Mail Service: You may also be able to serve the defendant by mail, but check the specific rules for your jurisdiction, as there may be requirements for certified mail or signature confirmation.
Timing of Service
Timing is crucial when serving the defendant. The defendant must be served within a certain timeframe before the court date. The timeframe depends on the location of the defendant:
- If the defendant resides in the same county, they must generally be served at least 15 days prior to the court date.
- If the defendant lives outside the county, they must typically be served no later than 20 days before the court date.
- For substituted service, the timeframe is usually 25 days for in-county defendants and 30 days for out-of-county defendants.
Proof of Service
After serving the defendant, you must file proof of service with the court clerk. This step is crucial, as your case may not be heard without it. The proof of service confirms that the defendant has been properly notified about the lawsuit. You must file this proof at least 5 days before the hearing date. Each defendant in the case requires a separate Proof of Service form.
Defendant's Response
Once the defendant has been served, they have the right to respond to your claim. They may choose to file a Defendant's Claim, especially if they have a counterclaim against you. The timeframe for their response depends on when they were served relative to the hearing date. If they were served at least 10 days before the hearing, they must file their response at least 5 days before the hearing. If they were served fewer than 10 days before the hearing, they have until the day before the hearing to respond.
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Transferring to federal court
In California, a small claims case can be dismissed by filing a local document, such as a CIV-110 Request for Dismissal Form. This can be done if the plaintiff can no longer be found, if the case has been settled, or if the plaintiff has changed their mind and no longer wants to sue. The court will no longer hear the case, and neither party needs to show up.
In California, a small claims case can be transferred to another court by the coordination trial judge or on the motion of any party to the coordinated action. The transfer may be made for a specific purpose or for all purposes. If a party objects to the transfer, the court must hold a hearing after providing at least 10 days' written notice to all parties. During the hearing, the court must consider the convenience of the parties, witnesses, and counsel, the progress of the case, the efficient use of judicial resources, and any other relevant matter.
The order transferring the case must specify the court to which it is being transferred and direct that a copy of the transfer order be filed in each coordinated action. The clerk of the original court must immediately transmit a certified copy of the transfer order and the relevant pleadings and proceedings to the new court, which will then assume jurisdiction over the case. No fees are required for such a transfer.
It is important to note that a federal agency may not be sued in small claims court. If the case involves a federal agency, it may need to be transferred to a federal court. However, this process may differ from the standard transfer procedure outlined above, and specific federal court guidelines should be consulted.
Additionally, if the amount in dispute exceeds the small claims court limit of $12,500 for individuals or $6,250 for businesses, it may be necessary to transfer the case to a higher court, such as a civil court, to handle the larger claim amount. This process will likely involve additional complexity and expense.
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Frequently asked questions
To remove a case from small claim court in California, you must file a request for dismissal. This can be done by filling out a CIV-110 Request for Dismissal Form and serving it to the other party. You will also need to fill out a Notice of Entry of Dismissal and Proof of Service (form CIV-120) and mail it to the other side. Take the original and copies of these forms to the court clerk, who will file your Request for Dismissal.
There are several reasons why someone may want to remove a case from small claim court in California. This includes being unable to find the defendant, settling the case with the defendant, or changing their mind and no longer wanting to sue.
Dismissing a case with prejudice means that you cannot re-file your case again in the future. This is usually chosen when an agreement has been reached and the full amount agreed upon has been paid.
Dismissing a case without prejudice means that you can re-file your case in the future, as long as you are within the statute of limitations. This is often chosen if an agreement has been reached but the person paying doesn't have to pay immediately, or if the defendant cannot be located.
