Request for Dismissal Without Prejudice

[sfrdhd]

Small Claims Case

What is the name of your state? California

O.K. all, I didn't receive a response to this post, so I am editing it in the hopes that someone can help. THANKS!

We filed a small claim suit against one of our customers for $5K. We were awarded $2.5K. The customer appealed. At the appeal, and under pressure from the Judge, we settled for $1.25K.

We still haven't received payment, nor have we received a judgment from the court.

Question: Since we haven't received anything from the court, might this be considered a Settlement? Should there be a judgment?

If the defendant hasn't paid us, can we go back to the original judgment amount of $2.5K and dismiss the settlement?

I appreciate your help in answering these questions.

sf

 

[sfrdhd]

Update....

California

Just got back from Small Claims and spoke to the Clerk.

Yes I can file a Request for Dismissal without Prejudice. (which I did).

Yes I can file suit in a higher court. (which we are)

Just thought you'd like to know.