Can I withdraw a complaint and refile within a small claims court?

Answer by  melville (25)

If the defendant has not been served with the complaint, then you can dismiss the complaint "without prejudice" so you can file your case again. The case can only be filed in small claims if it is for an amount of money allowed in small claims. Usually one can waive (give up) any amount over the small claims limit.

Answer by  mammakat (11147)

It is within your rights at all times to withdraw a complaint that hasn't been adjudicated by the court. In refiling you need to be aware that you aren't wasting the court's time with "nuisance filings"- a good reason for withdrawal and refile is that you wish to clarify or bolster your case with more current information or evidence.