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My wife was served a summons for court today. In the papers This place claims that she owes them almost 700.00. Well we've been paying on this the past few months and my record shows it being down to just under 300.00. The claimed, at the time of filing, that they recieved no payments and have to payment history. So i sent my wife to pay a fee to get us up to date. Well she got there and they pulled up the agreement and found out that the balance they had WAS wrong and we were right. We were told we still need to appear in court and that they will tell the judge that they made the mistake, that we have been paying all along. Will i still get charged a fee , even though we really have no business being there after all??

2007-07-11 13:19:06 · 3 answers · asked by dave51_1998 4 in Politics & Government Law & Ethics

I live in NY by the way

2007-07-11 13:19:24 · update #1

3 answers

You should get what's called a "stipulation of dismissal" from the company, which is a written agreement saying that they agree to dismiss the case. You probably still have to show up in court along with the company to present the stipulation for a judge to approve and formally order the dismissal. However, you likely don't need to worry about costs since the company was the one that paid to bring the lawsuit. In the US typically each side pays their own lawyer's fees and costs unless the court rules otherwise. I would still run by anything they have you sign with a lawyer to be safe though.

2007-07-11 13:37:15 · answer #1 · answered by noble_savage 6 · 2 0

In maximum aspects you pay a fastened value to record a suit yet can upload that value to the quantity you're suing for. Small claims or "Conciliation court" is somewhat distinctive and in many situations has a decrease to the quantity you are able to ask for. verify with the clerk of your County court for extra suggestion. Your county could have suggestion on line, besides. stable success.

2016-12-10 09:24:31 · answer #2 · answered by snetsinger 4 · 0 0

Court costs are paid by the party that filed the suit. In this case that is the company to which you owe money. If you had not been paying, the court could include court costs in the total judgment. In your case, I doubt they will.

2007-07-11 14:14:29 · answer #3 · answered by STEVEN F 7 · 0 0

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