Small claims courts are used to resolve everyday small claims lawsuits without hiring a small claims court lawyer. But what can you do if you, as a defendant, are facing any small claims filed in court by anyone? You must know when you are liable to dismiss the small claims lawsuit filed against you. Or maybe you also need to dismiss the small claims lawsuit as a plaintiff if you no longer want to proceed with the filed case in the small claims court.
In this article, we will discuss all the legal ways to understand how to get a small claims case dismissed. By reading this article, you will be able to understand many ways to dismiss small disputes from the courts.
What Is a Small Claims Court?
Small claims court is designed to solve the minor disputes that we face in our daily lives. These courts offer very easy, efficient, and inexpensive ways to solve small claims lawsuits, but they handle disputes involving relatively small sums of money that vary from state to state. California law provides up to $10,000 for individuals. Texas State has a limit of small claims up to $20,000.
Minor claims courts usually deal with small claims lawsuits, including breach of contracts, unpaid rent, property damage, unpaid debts, personal injuries, etc. The Small Claims Court process is very easy to follow and to understand; the process of small claims dismissal is also very easy.
Top Legal Grounds to Get a Small Claims Case Dismissed
The following are the most common legal factors used for dismissing a small claims lawsuit:
Lack of Jurisdiction
Every small claims court has different jurisdiction, meaning every court has different laws to resolve small claims disputes. Each court has subject matter and personal jurisdiction. If someone is suing you for a lawsuit that is not under the jurisdiction of the court, you can apply to dismiss the case.
Example:
If someone files a lawsuit about an Arizona car accident in Florida, Florida's small claims courts do not deal with it. The dispute can be dismissed in this case. So always be aware of your state’s small claims court’s jurisdiction.
Improper Service of Process
Each small claims court requires informing the defendant about Filing The Lawsuit in the court, and to inform the defendant, the court describes the proper rules of service of process. If the defendant is not properly served with notice of the claim, the defendant can apply to dismiss the case.
For example, if documents are served to the wrong person or served by some unauthorized person, or a deadline of service is missed, the defendant can file a motion to dismiss based on improper notice.
Statute of Limitations
Every small claims court follows the statute of limitations for small claims. If the plaintiff does not follow the statute of limitations, you can file a motion to dismiss the small claims case filed against you.
Failure to State a Legal Claim
If someone files a Small Claims Lawsuit against you and the complaint application does not describe the claim reason properly or the claim is not legal, you can say that the plaintiff has failed to explain the claim reason legally, and you can apply to dismiss the case.
Settlement or Full Payment
Usually, people use settlements to resolve disputes out of court. You can pay the settlement amount to dismiss the case. If you use a settlement method, you must keep records of payments and communications.
Duplicate Filing
In case of Duplicate Filing, you can file a motion to dismiss the case. For example, if the same issue is resolved in another case and now you are facing it in another court, you can file a motion to dismiss the case on the basis of duplicative litigation.
Steps to Dismiss a Small Claims Case
The following are some guidelines for filing a motion for dismissal in the small claims court. The dismissal method is different for the plaintiff and the defendant.
For Plaintiffs:
As a plaintiff, you can dismiss the case at any point before the trial date. The plaintiff needs to follow the following steps:
Step 1: Choose the Right Type of Dismissal
The plaintiff has two types of dismissal of a small claim. One is “With Prejudice” and the other is “Without Prejudice”. The first one is to permanently close the case. In this case, you cannot refile the case. Without Prejudice, dismiss the case, but you can refile it later.
Step 2: File the Required Forms
Each court has its dismissal form for small claims. You need to complete the dismissal form and provide all the required information.
Step 3: Submit to the Court
After completing the dismissal form for small claims, submit it to the small claims court. When you file the small claims court dismissal form, you need to serve a copy on the defendant. After it is requested of the clerk's office for a dismissal confirmation.
For Defendants:
As a defendant, you can file a motion to dismiss if you believe the case is legally invalid.
The defendant needs to take the following steps to dismiss the case:
Step 1: Identify the Appropriate Grounds
At first, you need to identify the proper reason to file the motion to dismiss the case.
For example, improper service, statute of limitations, lack of jurisdiction, etc.
Step 2: Draft a Motion to Dismiss
When you get a proper reason to dismiss the case, the next step is to complete the “motion to dismiss form”. You must provide all the required information and explain the reason why you are filing the motion for small claim dismissal.
Step 3: Attach supporting documents
After completing the “motion to dismiss form”, you need to attach the supporting documents. For example, signed contracts or proof of payment.
Step 4: File the motion
After completing the paperwork, submit it to the court and serve a copy to the plaintiff.
Step 5: Attend the hearing
You may need to attend the hearing of court hearing. You need to arrive on time and attend the hearing. At the hearing, you need to present your reason for dismissing the case. The judge will listen to you. If your motion is strong, the judge will dismiss the case.
Real-Life Examples
California
In California, John was sued in the small claims court for an unpaid loan. He paid the loan to the plaintiff before the court date, and he applied to dismiss the case. He submitted the “Request for Dismissal (CIV-110)” form in the court, and the court dismissed the case.
Florida
Maria was sued for a claim that was 6 years old. She found the legal reason for the statute of limitations and filed a motion to dismiss the case. The court agreed with Maria and dismissed the case.
Additional Tips
- You must properly respond to a lawsuit; it will be more professional and is the first step to success. On the other hand, ignoring it can lead to a default judgment.
- Take dismissal forms from the court's website.
- If you decide to file a motion for dismissal, file it as soon as possible.
- Do not forget to provide supportive documents.
Final Thoughts: Navigating Small Claims Dismissals
You can dismiss the small claims case, whether you’re the plaintiff or defendant. You just need to understand the court jurisdiction and your legal rights. You can file the motion to dismiss the small claims case due to a lack of jurisdiction, improper filing, settlement, or procedural mistakes etc. Court judges dismiss the case if justified. To take the step of dismissal, the small claim at an early stage makes the dismissal process fast and saves your time and money.
