INDIANA Small Claims Court I asked to dismiss without prejudice because damages exceded 6000.00 max. The judge gave the defendant the CHOICE to remain in small claims, now we go to court in small claims. HOW DO I GET OUT OF SMALL CLAIMS TO FILE CIVIL?
by 
irishfan
ANSWERS: 1
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Convince the defendant to allow you to dismiss. As the plaintiff, you get to pick the forum (so long as the forum has jurisdiction). However, if you choose and later change your mind, the court is not going to allow you to prejudice the defendant for your poor choice. The only way you will get a dismissal without prejudice without the D's consent is to show that justice cannot be served in Small Claims due to something the D did.
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