Can i withdraw a small claime

A question about : Can i withdraw a small claime

I issued a small claime against another person for Ј1900, dishonest executor of my late farthers estate, i have been informed that they will be counter claiming for the same amount .. I dont really want to go to court twice, so i am thinking of withdrawing the claim & with expect him to do the same. is that possible ? thanks for any replies ..

Best answers:

• Yes, contact either the court where you made the claim or the moneyclaim online desk if you did it on the web. Others may be along to discuss the validity of what you are doing, the 2 cases may be heard together if they are linked.
• Never cancel yours on the strength that the other party 'might'. What they might do is moot - if they wish to counter-claim that is their right, but as your action is already in process it will be heard first unless the court decides to link them.
  If you cancel your action, no fees are returned.
• A counterclaim is heard at the same time as the original claim.
  You file your claim. When they receive the court papers, they file a defence and if they wish to file a counter claim they do it on the same form. The whole case is then heard at the same time. It is common for defendants to file counterclaims to scare the original claimant into withdrawing the case.
  Note: as you posted your query on the CAB board, I should also add that I am not an official CAB representative. The CAB does not post on this board at weekends. In the week, they aim to respond within two working days, so you should get an official CAB response in the next couple of days.
  Hope this helps
  Dx
• If you are withdrawing on the basis that he withdraws, then this is known as 'drop hands'. You need a settlement agreement to cover this off and then - and only then - tell the Court.
• Hi luvpump, thank you for your query regarding withdrawing small claim
  Unfortunately currently we are only offering advice on debts and debt disputes that you owe not making claims for money owed to you but if you contact the court they should be able to tell you how to proceed or you can find more information at www.adviceguide.org.uk
  Hope this is of assistance