Can they still sue you. Do you still have to appear in court. Will the judge just dismiss the case?
2007-03-09 06:36:55 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
need to get a receipt and then contact the county attorney and see if you need to appear if so then the judge will rule as restitution paid and it will be dismissed.
2007-03-09 06:44:45 · answer #1 · answered by kanniece 4 · 0⤊ 0⤋
If you are going to small claims court and you agree on a settlement before hand, there is not longer a claim to sue on. But don't hand over a single cent without a written statement of your agreement, signed and witnessed. If you do show up in court (for instance if the court was not made appear of the settlement), it will not be dismissed. Rather a ruling will be handed down, but it will be noted payment has already been made. If you are still planning on going to court, I recommend not paying, it is possible the judge will not award the full sum being sued for.
2007-03-09 15:20:38 · answer #2 · answered by Chloe M 2 · 0⤊ 0⤋
I'm glad you think $500.00 is a small amount of money!
Just paying the money may not be enough. There may be costs associated with the suit that you are liable to pay as the cause of the suit.
Unless you are informed by the court that the case is dismissed you should appear. Bring your receipt. You did get a receipt didn't you? No need to worry it's only a small amount of money!
2007-03-09 14:55:11 · answer #3 · answered by Ernie 4 · 0⤊ 0⤋
There is no law that requires a person to be represented by a lawyer.
If you pay that person, GET A RECEIPT, and there should be no need for a court appearance.
When neither party to the action shows up, the case is often thrown out. If the one suing shows up and the one being sued doesn't, the judge could rule against the person not showing up.
In some cases a judge 'continues' a case, but not too often when a party doesn't show up without having asked for a continuance (which is usually done by a lawyer).
2007-03-09 14:46:28 · answer #4 · answered by ha_mer 4 · 0⤊ 0⤋
you might be able to plead the payment as a defense if you have not filed your answer to the complaint yet. For example, if A sues B for $500 owed, A has to aver that B owes the money. If B has paid, B answers "no I don't owe the money, I paid A".
The better practice is to contact the plaintiff and ask for them to dismiss the case with prejudice since they received payment in full. If you are in small claims court and you can prove you paid, if they don't dismiss the judge will not look on them favorably for wasting the court's time.
2007-03-09 14:40:20 · answer #5 · answered by Captain Obvious! 3 · 1⤊ 0⤋
If you are sued for money owed and pay in full, the plaintiff is obliged to file a dismissal of the action. If he does not, and a court date is assigned, you go to court and show that the money has been paid (canceled check, receipt, etc.)
2007-03-09 14:46:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You will need to go to court if there is a case present however take your receipt to prove it's been paid
2007-03-09 14:42:06 · answer #7 · answered by Aggy 3 · 0⤊ 0⤋
make sure you have proof of payment ( such as a cancel check or a money order slip ) send a copy of that along with copies of your court papers and the case should be dismissed
2007-03-09 14:40:46 · answer #8 · answered by Anonymous · 1⤊ 0⤋
they shouldnt try to continue its called Desisting from the case, however you need to show up to make sure they do that because if you dont show up he can still get the judgement and youll have to pay and then turn around and sue him to get back the money
2007-03-09 14:50:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I'm just guessing, but I believe that that will end the problem. The plantiff would need to withdraw the suit. Make sure you get a receipt!
2007-03-09 14:41:04 · answer #10 · answered by mediocritis 3 · 1⤊ 0⤋