Hi! If you received a summons to go to court and you are sued by a collection agency. If I called them and settle the debt do I still have to go to court?
2007-12-10 02:42:46 · 14 answers · asked by I C 1 in Politics & Government ➔ Law & Ethics
No, if you call and settle the debt, they will draw up the settlement papers and send them to you for your signature. Once all the paperwork is in order, they will file the settlement papers with the court. You should not have to go to court; though I would ask to be on the safe side.
2007-12-10 03:11:59 · answer #1 · answered by Heather Mac 6 · 0⤊ 0⤋
Be weary of answers from yahoo answers. You don't want to play dice with your credit. Be sure that you have something in writing from the creditor that says your debt with them is settled. Also, get the court to fax you something that says the complaint has been withdrawn.
I'm guessing that when you settled, you settled for an amount less than the total you owed? If so, it is possible (although unlikely) that the court could enter a default judgment requiring you to pay the full amount.
Chances are the complaint has been withdrawn and you don't need to appear, but I wouldn't leave this to chance. Get everything in writing. If you aren't sure when your court date comes up, you better go, and bring any documentation you have with you. They'll probably just send you home if you have any document which shows that you settled, but it's not worth the gamble of not showing up.
2007-12-10 02:55:38 · answer #2 · answered by flyin520 3 · 0⤊ 0⤋
If you settle the debt the collection agency should be able to cancel the summons. However they are likely to want more money than you originally owed for their cost, and it is up to them to cancel the summons. If they don't cancel you still have to go, settled or not.
2007-12-10 02:49:22 · answer #3 · answered by paul 7 · 0⤊ 0⤋
It depends on the state that the summons was issued from. Some states allow for a pre hearing settlement, others require, once a summons is issued, for all parties to appear before the court.
2007-12-10 03:09:41 · answer #4 · answered by Dr. SPHIL 3 · 0⤊ 0⤋
You cannot trust beaurocracies to do their own paperwork right, just as they can't trust consumers to pay stuff off.
Better go to court anyway, just in case, and carry with you the proof that you have paid off the debt, unless
(a) your lawyer says you do not need to be there
(b) you visit the clerk of the court to ASK if this summons has been canceled because you paid off the debt
2007-12-10 02:48:52 · answer #5 · answered by Al Mac Wheel 7 · 0⤊ 0⤋
You want to ensure that the case has, in fact, been settled. Do you have it in writing? If so, provide a copy of the writing to the court ahead of time. If not, ask the collection agency for something stating that the matter has been continued or disposed. Otherwise, I would suggest you appear to protect your rights.
2007-12-10 02:46:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
if ur r summoned by court u must definitely appear before the court either by urself r by an attorney for representing on behalf of u.eventhough the matter was settled u must appear before the court on the date specified in the summon,to explain the nature.
2007-12-10 06:02:23 · answer #7 · answered by Saravanan M 1 · 0⤊ 0⤋
if the debt is settled there would be nothing to go to court over, though you will probably have to pay them more now than the original debt amount. you would have to call them and see because they might not be able to accept payment from you anymore, depending on how far it has gone. sounds too far to me, but good luck!
2007-12-10 02:46:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
no, at least not in PA. I would contact the court and inquire to them. The most that will happen is a judgement be filed against you. If you don't appear the full amount judgement could be filed. The creditor needs to withdraw the complaint at least.
2007-12-10 02:47:01 · answer #9 · answered by punxsyparty 3 · 0⤊ 0⤋
Ask the attorney with whom you settle the case. [NOT the collection agency] If he or his office says "no," have them confirm it in writing and fax or e-mail it to you BEFORE the hearing date. If you are not excused before the hearing go to court to avoid potential errors.
2007-12-10 03:20:01 · answer #10 · answered by Anonymous · 0⤊ 0⤋