Small Claims How to Amend or Dismiss a Small Claim Print this Page
Phone: (415) 444-7040
Email: smallclaims@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:30am - 3:30pm


Parties may amend or dismiss a claim that has already been filed in Small Claims Court

Amending a Claim

To amend a claim prior to serving it on the defendant(s), go to the Small Claims Clerk and file an amended claim. Be sure to bring your original claim forms with you. If any of the defendants have been served on the original claim, you will need to ask the Court for permission to amend your claim at the time of the hearing.

Dismissing a Claim

To dismiss the claim against one or more defendants or all of the defendants, use the dismissal form in the small claims packet or click here to get a copy of the form.

Follow the instructions on the form. Check the appropriate box to dismiss all the defendants or particular defendants which should then be listed in the space provided on the form.

When dismissing the entire action, plaintiffs must notify each defendant of the dismissal.

When dismissing one or more defendants, notify each defendant that is being dismissed. There is no requirement to notify any remaining active defendants of the dismissal.


Overview

Small Claims Court is a special type of civil proceeding which is commonly referred to as the "People's Court" because attorneys are not allowed to represent either side. The rules are relatively simple and the hearings are less formal. Parties in small claims actions can resolve their disputes relatively quickly and inexpensively. The person who files the claim is called the plaintiff and the person being sued is called the defendant.
 
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