How to Dismiss a Small Claims Suit

By Bailey Shoemaker Richards

A small claims suit is a civil case between two parties, or litigants. The court proceedings will take place in a civil court, also called a county court, and the proceedings are under the jurisdiction of the local court system. At some point during the court proceedings, one party may decide that the case should be dismissed. Dismissing a small claims suit requires that the litigant who wants the case to be dismissed fill out and return several forms to the court. At that point, it becomes the decision of the presiding court.

Download a dismissal form for a small claims case or get the forms from your lawyer or courthouse. Dismissal forms can be downloaded from the Internet. Keep a copy of all documents for your own records.

Fill in your name and contact information at the top of the dismissal form. This information will include whether you are the plaintiff, defendant or a lawyer for the plaintiff or defendant.

Complete any other portions of the form that require case information, including any and all information about the case that is public. Omit protected information. Sign and date the form.

Attach the proposed order or dismissal and complete the certificate of service. Give the completed forms to your lawyer; he or she will serve the other party with a copy of the forms.

File the dismissal form with the judicial service assistant.

About the Author

Bailey Shoemaker Richards is a writer from Ohio. She has contributed to numerous online and print publications, including "The North Central Review." Shoemaker Richards also edits for several independent literary journals and the Pink Fish Press publishing company. She holds a Bachelor of Arts in creative writing from Ohio University.

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