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Old 03-16-2017, 05:04 AM   #1
Nancy9
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Default Settling and then canceling a small claims case

If I settle my small claims court case, who has the duty to cancel the case with the court?
Do I do that as defendant or does the plaintiff?

We settled but the case is still on the docket.
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Old 03-16-2017, 09:28 AM   #2
Highwayman
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Default Re: Settling and then canceling a small claims case

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If I settle my small claims court case, who has the duty to cancel the case with the court?
Do I do that as defendant or does the plaintiff?

We settled but the case is still on the docket.
What state is this?

In my state some paperwork has to be filed with the court and signed by both parties.

Of course, if no one shows up on the court date chances are the case will be dismissed anyway.
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Old 03-16-2017, 07:30 PM   #3
Wenton2
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Default Re: Settling and then canceling a small claims case

The one who filed the case needs to withdraw the case with the court. Tell the plaintiff they need to do so or they will be in breach of the settlement agreement that you all agreed.
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Old 03-16-2017, 10:24 PM   #4
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Default Re: Settling and then canceling a small claims case

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Tell the plaintiff they need to do so or they will be in breach of the settlement agreement that you all agreed.
How is that? How do YOU know what is contained in the settlement agreement??
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Old 03-17-2017, 10:33 AM   #5
Lexus
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Default Re: Settling and then canceling a small claims case

It is Plaintiff’s duty to initiate proceedings to withdraw the case after settlement. At the time of settlement you are required to keep the settlement in writing where both parties agrees to the terms of settlement and duly signed. You can use it against the Plaintiff if he is not ready to withdraw the case after settlement.
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Old 03-18-2017, 07:51 AM   #6
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Default Re: Settling and then canceling a small claims case

A defendant cannot withdraw a case. Otherwise they would all do so for every case.
The plaintiff must withdraw it.
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Old 04-06-2017, 04:06 PM   #7
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Default Re: Settling and then canceling a small claims case

Agreed--only the plaintiff can withdraw the case, NOT the defendant.

It wouldn't make sense any other way, think about it. Every D would love to withdraw the case.
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