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How to withdraw claim

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ocir

Junior Member
What is the name of your state? NJ

After I filed a claim in an out-of-town small claims court, the matter was resolved and the defendant paid up before a summons was served. Now that the matter is settled I would like to withdraw the claim before the defendant is aware of a pending suit.

My question is this - does the small claims court notify the defendant that the court is in receipt of a claim or does the defendant become aware for the first time thru the process server?

If the latter is the case, I guess I need to do nothing.
 


JETX

Senior Member
ocir said:
does the small claims court notify the defendant that the court is in receipt of a claim or does the defendant become aware for the first time thru the process server?
You need to contact the court in WRITING and advise them that you have settled the matter and wish them to dismiss the lawsuit.
 

ocir

Junior Member
Defendant not yet served

My question is "does the court notify the defendant when it is in receipt of a claim or does the defendant become aware of the claim for the first time when the summons is actually served?". I realize that once a court date is set the defendant has to formally notify the court that there is a settlement.
 

JETX

Senior Member
ocir said:
My question is "does the court notify the defendant when it is in receipt of a claim or does the defendant become aware of the claim for the first time when the summons is actually served?". I realize that once a court date is set the defendant has to formally notify the court that there is a settlement.
All right... if you insist on playing 100 questions..... I'll play ONCE!!
When you filed your lawsuit, did you pay for service on the defendant, or not??
If you did, the notice will be made and, if the defendant answers, a hearing will be set.

If you did not have service on the defendant OR if the defendant doesn't file an answer, the lawsuit will just sit there... until eventually the court will dismiss for 'lack of prosecution'. Depending on the court, this could be months or years.

Why not quit playing games and just dismiss the suit by contacting the court??
 

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