You and the other side agree

If you and the other side agree, they can pay you right away or agree to pay over time, or make a one-time payment later. Write up your agreement either way. 

    Write out your agreement 

    No matter how you've come to an agreement or what you've agreed to, write up an agreement. That way, if there are questions later, you both know what you agreed to do. Also, if the other side doesn't make the payment or payments, then you'll have a written agreement that you can use to file a new small claims case.

    Your agreement should include:

    • The names and addresses of everyone who is part of the agreement.  

    • Describe what the agreement is about and what everyone is going to do as their part (ex. pay $100 per month for 10 months on the 1st of the month starting this June).

      • Put the date that everything you agreed to has to be done.

    • What will happen if everything happens as you agreed (ex. the court case will be dismissed).

    • What will happen if the agreement is not carried out (you can file a new case if you dismissed the current one, or if a payment is missed, the entire amount will be due right away, as examples).

    • The date your agreement is signed.

    • Signatures of everyone who is part of the agreement.

    If you already filed your small claims case

    • If they are going to pay you soon, then you might want to keep your court case open until they pay you. That way, if they don't pay, you can go to court to talk to the judge in the case you've already opened.
    • If they are going to pay you over time or at least a few months out, you probably won't be able to keep your case open that long.
    • If they paid you, you can cancel (dismiss) your case.

    If you or the other side pay an agreed amount and there is an open small claims court case, you or the other side should dismiss the court case and counterclaim (if there is one) at the same time. 

    Dismiss your case

    Once you've each done your side of the agreement, you are finished. If one of you doesn't do what they agreed to do, then you can go back to court if your case is still open. Or you can start a new small claims case if you dismissed the case you had against the other side. 

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