If you decide you want to ask to dismiss the case, you need to decide whether you want the court to dismiss it “with prejudice” or “without prejudice."
You can choose to dismiss without prejudice if you reach an agreement with the other person and you have not yet been paid in full (like if you set up a payment plan with him or her but you want to dismiss it before all the payments become due). This allows you to re-file later on if the person misses future payments.
You can dismiss with prejudice if you have received full payment and the case is over, or if you really are sure you will not need to (or want to) re-file the case again.
Click to learn about small claims agreements and to watch a video on Resolving your Small Claims case.
Note: Talk to your court's small claims advisor for help dismissing a small claims case.
Fill out a Request for Dismissal (Form CIV-110).
If you served the defendant with your Plaintiff´s Claim OR the defendant filed a Defendant’s Claim, OR if you are the defendant trying to dismiss the Defendant’s Claim:
Fill out the Notice of Entry of Dismissal and Proof of Service (Form CIV-120).
Do not fill out form CIV-120 if you have not served the defendant with your Plaintiff´s Claim AND the defendant has NOT filed a Defendant’s Claim.
The court clerk will process your Request for Dismissal (Form CIV-110) and Form CIV-120. The clerk will keep the original and return the copies of Form CIV-110 to you, stamped "Filed." Keep one for your records.
If you are the plaintiff and have not served the defendant with your complaint AND the defendant has NOT filed a cross-complaint against you, you are DONE -- Your case has been dismissed.
If you are the plaintiff and you served the defendant with a copy of your Plaintiff's Claim OR the defendant filed a Defendant’s Claim OR if you are the defendant and you filed a Defendant’s Claim:
File the original and one copy of Notice of Entry and Proof of Service (Form CIV-120) to let the court know the other side got a copy of the dismissal. The clerk will keep the orignial and return the copy to you, stamped "Filed."
Keep a copy of the filed Form CIV-120 for your records.
You are done. Your case has been dismissed.