How to Fill Out and File a Small Claims Dismissal Form

A small claims dismissal form is the document you file with the court clerk to voluntarily end a case you started, before the court reaches a judgment. Plaintiffs file one after the defendant pays, after a settlement, when a defendant can’t be found, or when continuing the case stops being worth the effort. The form is short. The choices on it are not, and checking the wrong box can cost you the right to sue again.

When You Can Dismiss Your Case

Timing controls how much work this takes. Under the framework reflected in Federal Rule of Civil Procedure 41(a)(1), a plaintiff can dismiss as of right — no judge approval needed — by filing a notice of dismissal before the defendant serves an answer or a motion for summary judgment.¹ Most state small claims procedures follow similar logic. Early in the case, the dismissal is yours for the asking.

Once the defendant has formally responded, that window closes. From that point you need either a stipulation signed by all parties who have appeared, or a court order from the judge allowing the dismissal.¹ Judges rarely refuse, but they can attach conditions, particularly if the defendant has already spent real money preparing a defense.

If you’ve decided to drop the case, file before the defendant responds. That keeps everything in your control.

With Prejudice or Without Prejudice

Every dismissal form asks you to pick one. This is the most important decision on the page.

Dismissing without prejudice means you can refile the same claim later, as long as the statute of limitations hasn’t run. Plaintiffs choose this when a settlement includes future payments that might fall through, or when they can’t locate the defendant now but want to try again.²

Dismissing with prejudice closes the case permanently. You can never bring that same claim against that defendant again, in any court. Use this when the defendant has paid in full and nothing is left to resolve.²

A simple rule of thumb: if the money is already in your account, with prejudice gives the defendant the finality they probably bargained for. If the settlement calls for installment payments, dismiss without prejudice so you still have recourse if the payments stop.

The Two-Dismissal Trap

Without prejudice has a limit. Under a rule adopted by federal courts and many states, if you previously dismissed any action based on the same claim, in any court, a second voluntary dismissal of that claim operates as a judgment on the merits. It effectively becomes a dismissal with prejudice.¹ You get one free dismissal-and-refile. The second time, the door locks.

Information to Gather First

Every field on the dismissal has to match your original filing exactly, so pull these together before you start writing:

The case number the court assigned when you filed. It’s on every document the court has sent you. If you can’t find it, the clerk’s office can look it up by party name.
The exact court name and address. Some counties have multiple courthouses, and “the right county” isn’t specific enough.
The full legal names of every plaintiff and every defendant, spelled the way they appear on the original complaint. If you sued a business, use the full legal business name, not a nickname. “Mike’s Auto” won’t match “Michael’s Automotive Repair, LLC” in the court’s system.
Your decision on with or without prejudice, already made.

Filling Out the Form

Most courts provide a standardized form, usually titled “Request for Dismissal” or “Notice of Voluntary Dismissal.” You can find it at the clerk’s office, on the court’s self-help website, or through your state judiciary’s online forms portal. California’s statewide form is CIV-110.³ Michigan uses MC 09; Maryland uses DC-CV-021. If your court doesn’t publish a form, a typed notice identifying the case and stating your intent to dismiss will work in most jurisdictions.

Fill in the case number and court information at the top. Enter every party’s full legal name. Check the box for with or without prejudice. Some forms also ask whether you’re dismissing the entire action or only specific causes of action or specific defendants. If you’re dropping the whole case, check the box for the entire action. If you’re only dismissing against one of several defendants, say which one clearly.

Sign and date. If multiple plaintiffs are listed on the original complaint, every plaintiff has to sign. A form missing even one plaintiff’s signature will come back from the clerk. If you have an attorney, the attorney signs for you.

Filing and Serving the Form

You can file in person at the clerk’s window, which is the fastest way to catch problems because the clerk can review the form while you’re there. Many courts now accept e-filing for small claims matters, so check your local court’s website for an electronic portal. Mail works too; send it to the clerk of the court where the case is pending, and use certified mail if you want delivery confirmation.

Bring or send the original signed form plus at least one copy. The clerk stamps the copy and returns it to you as proof of filing. Copy requirements vary by court, so a quick call ahead can save a wasted trip.

Most courts do not charge a separate fee for voluntary dismissals, though fee schedules change and some courts impose small administrative charges. Confirm with your local clerk before you go.

Letting the Defendant Know

After filing, get a copy of the dismissal to the defendant. This is both a courtesy and usually a procedural requirement. Without it, the defendant might show up to a hearing that no longer exists, or keep paying an attorney for a case that’s already closed. Most courts allow service by regular mail to the defendant’s last known address. Some require you to file a proof of service confirming you sent the notice. Check your court’s local rules, because getting service wrong can create complications even after the dismissal is technically on the books.

After the Form Is Filed

Under federal procedure and in many states, a voluntary dismissal filed before the defendant responds takes effect the moment the clerk accepts it, with no judge involvement.¹ Some state courts route the form to a judge for review and signature first. North Dakota’s courts, for example, have the judge review the notice and sign a proposed order before the case formally closes. Expect a short delay if your court works that way.

Once the dismissal is entered, the court updates the case status in its records. You may receive a formal notice; in California this is called the Notice of Entry of Dismissal. If nothing arrives within a few weeks, call the clerk’s office to confirm the dismissal was properly recorded. A form that got lost in the shuffle can leave your case technically active on the docket, with hearings still scheduled.

If the Defendant Filed a Counterclaim

Dismissing your claim does not automatically kill the defendant’s counterclaim. Under Rule 41(a)(2), if a defendant has filed a counterclaim before being served with your motion to dismiss, the court can only grant your dismissal over the defendant’s objection if the counterclaim can remain pending for independent adjudication.¹ In plain terms, the defendant’s claim against you survives.

If you want a clean exit when there’s a counterclaim on file, get the defendant to sign a stipulation of dismissal before you file your own. That drops both sides’ claims together.

If You’re Dismissing After a Settlement

Settlement money can be taxable. The general rule under the Internal Revenue Code is that settlement proceeds count as income unless a specific exclusion applies, and the treatment depends on what the payment was meant to replace. Payments for physical injury or sickness are excluded from gross income. Lost wages and lost profits are taxable. Emotional distress without physical injury is generally taxable unless the payment reimburses actual medical costs. Property damage payments, which cover most small claims disputes, are generally not taxable to the extent they don’t exceed your actual loss.⁴

If you received more than $600 from a business, expect a 1099-MISC reporting the amount to the IRS. Keep your settlement agreement and the stamped dismissal paperwork with your tax records so you can show what the payment was for if questions come up later.

1
Legal Information Institute. Rule 41 Dismissal of Actions
2
California Courts. How to End or Cancel (Dismiss) a Small Claims Case
3
California Courts. Request for Dismissal (CIV-110)
4
Internal Revenue Service. Tax Implications of Settlements and Judgments