Settlement Before the Court Date

In court, the parties often discuss the case in an effort to reach a settlement. In a settlement, the parties determine the outcome of the case and there is no hearing before the judge or arbitrator. Many people choose to settle, rather than resort to a hearing, because settlement is a quick and certain resolution of the dispute.

If the claimant and the defendant settle the small claim before the court date, and any money requested has been paid, the claimant should notify the Small Claims Court Clerk by mail. Click on Phone Listings and Addresses to find out where to write. If the case is settled, the claimant and the defendant do not have to appear in court.

If the claimant and the defendant settle the small claim before the hearing date, but the money has not been paid, or if the claimant and the defendant expect to settle the dispute, but still are negotiating the terms of the settlement, the claimant must appear in court on the scheduled hearing date so that the small claim is not dismissed. The claimant should ask the Judge for "an adjournment pending settlement," and a new hearing date will be scheduled. If the claimant and the defendant than cannot settle the small claim case, they must appear in court on the new scheduled hearing date prepared to present their evidence to the Judge or Arbitrator.