Settling your claim

The case can be settled by mutual consent of all parties in the Small Claims Court before the case can be heard. 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 usually there is no hearing before the judge or arbitrator. However, in certain situations claimant and defendant can agree to settle the small claim matter even during the hearing. 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 before the day of trial and the money has been paid, notify the clerk by mail or appear in the court with the proof of settlement. If the case is settled, the claimant and the defendant do not have to appear in court.

If the case is settled but money has not been paid, or if the settlements talks are not completed, the claimant may wish to appear in court so that the case is not dismissed and ask the judge for “adjournment pending settlement.” A new date then will be set for trial. If the settlement does not work out, both parties should appear in court on the new adjourned date prepared for trial.