Ways you can settle a debt and dismiss your case | California Courts (2024)

FAQs

How to dismiss a case in California? ›

File your forms at the courthouse where you filed your case. The court clerk will process your Request for Dismissal (Form CIV-110) and Form CIV-120. The clerk will keep the original and return the copies of Form CIV-110 to you, stamped "Filed." Keep one for your records.

California Coerced Debt: California SB 975, for debts incurred after July 1, 2023, requires a collector to cease collection until it completes a review when the debtor provides documentation and a sworn statement that the debt was coerced. A person who coerces a debt is civilly liable.

If you pay off your debt or negotiate an agreement with the debt collector to pay a lesser amount before going to trial, you can settle your case and have it dismissed. But be aware that your case won't be dismissed automatically if you settle.

The “two-dismissal rule” of Penal Code section 1387¹ “bar[s] further prosecution of a felony if the action against the defendant has been twice previously terminated according to the provisions of that statute.” (Berardi v. Superior Court (2008) 160 Cal.

Clearly Stating Your Request

State clearly in the body of the letter that you are requesting a dismissal. Provide all necessary details surrounding your request, including the legal reasons for the dismissal, and any supporting documents.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

Dispute in writing, and include any evidence that supports your claims (such as copies of cancelled checks showing you paid the debt or a police report in the case of identity theft). If the debt collector knows that you don't owe the money, it should not try to collect the debt.

CaliforniaDebtRelief.org assists individuals, families, and businesses with education and resources to understand and access debt consolidation options.

What percentage should I offer to settle debt? ›

Start by lowballing, and try to work toward a middle ground. If you know you can only pay 50% of your original debt, try offering around 30%. Avoid agreeing to pay an amount you can't afford.

Of course, settling a case out of court may protect the reputation and dignity of a defendant. In this regard, it can be said that both plaintiffs and defendants benefit from pre-trial settlements. According to the most recently-available statistics, about 95 percent of pending lawsuits end in a pre-trial settlement.

There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.

Typically, a creditor will agree to accept 40% to 50% of the debt you owe, although it could be as much as 80%, depending on whether you're dealing with a debt collector or the original creditor. In either case, your first lump-sum offer should be well below the 40% to 50% range to provide some room for negotiation.

(b) Dismissal of case

If the plaintiff or other party required to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.

The decision to file or to drop charges in any criminal prosecution can only be made by an attorney in the District Attorney's Office. A victim's wishes will be considered, but the final determination as to whether or not charges will be filed or dismissed rests with the D.A.'s Office. 3.