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Question: I filed in small claims for the return of my rental deposit. I named the home owner as defendant and responded with a copy of the lease which names someone else as the landlord. I don't want to wait for a court date. How can I "cancel" this action and file a claim on the landlord on the rental agreement?

Answer: Although not specifically permitted in Small Claims Court a person may be able to file a Notice of Voluntary Dismissal Without Prejudice. This may allow for a new action against the correct party. For purposes of comparison look at Rule 41 (a) of the Rules of Civil Procedure.

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QUESTIONS

  • I filed in small claims for the return of my rental deposit. I named the home owner as defendant and responded with a copy of the lease which names someone else as the landlord. I don't want to wait for a court date. How can I "cancel" this action and file a claim on the landlord on the rental agreement?

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