QUESTION
Do I have to go to court if I received a summons for an unpaid debt but made payment arrangements?
Asked on Aug 01st, 2012 on Bankruptcy - Michigan
More details to this question:
I got a summons for an unpaid credit card debt. I called the collection agency and made payment arrangements. Do i need to do anything further concerning the courts or lawsuit?
9 ANSWERS
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yes. You need it in writing that the court Complaint is dismissed or there is a Stipulation with the payment arrangements. Otherwise they will just proceed to get a judgment.
Answered on Aug 21st, 2012 at 5:19 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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You would want to have the case dismissed by the court based upon the settlement agreement you reached. The attorney's that sued you would prepare a settlement agreement that would be filed with court dismissing the case based upon you making the promised payments. The settlement agreement would have a provision in it permitting the case to be reinstated if you were to default in the payment arrangement with you getting credit for any payments you made on the settlement.
Answered on Aug 21st, 2012 at 5:19 PM
Dennis P. Mikko
Since a lawsuit has been filed, you will need to answer it and make sure it dismissed with prejudice. While the creditor should not be able to obtain a judgment against you since you paid, you should make this fact known in your responsive pleadings. Until the matter is dismissed, you should treat it like any other lawsuit.
Answered on Aug 21st, 2012 at 5:17 PM
Construction Attorney serving Bloomfield Hills, MI
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Law Offices of Jeffrey Z. Dworin
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Have everything in writing and confirm it with the agency and the attorney in writing. Otherwise go to court.
Answered on Aug 20th, 2012 at 3:18 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Get a letter from them in writing wherein they advise the Court that the matter has been settled. If you do not, and they go forward, they will get a default judgment against you which will include attorney's fees, interest and costs. It may almost double the amount you owe and you will be one the hook for it.
Answered on Aug 20th, 2012 at 1:53 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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It's up to you. If you don't a default judgment will be entered and in Nevada attorneys fees and interest will be applied, increasing the total cost. But you already have a payment arrangement.
Answered on Aug 20th, 2012 at 1:52 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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I would otherwise an unscrupulous creditor could get a default and then garnish your wages or bank accounts.
Answered on Aug 20th, 2012 at 1:25 PM
Check with the clerk of court to see if the suit has been dismissed. If it is still outstanding, you need to file an answer and appear.
Answered on Aug 20th, 2012 at 1:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you need the court's order memorializing the settlement of the case.
Answered on Aug 20th, 2012 at 11:34 AM