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natsu

Do I need to answer Summons if debt has been settled?

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I settled my debt with the debt collector's attorney because I didn't want to go to court. The amount was only for $500 so I chose this option. We came to an agreement, they sent me the settlement letter (outlining all the necessary information), I made my payment, payment has been received, and last week I received a confirmation letter of payment received.

The person that I talked to said that the case will be dismissed and my account will be closed after they received the payment, but I checked the court docket and it hasn't been dismissed yet. Should I be worried? (It has only been one week since they received the payment so I might be a bit impatient.)

My summons due date is in two days. I have all the paperwork regarding the settlement if anything should happen.  I can also write up an Answer, if necessary, and drop it off before the due date since I live close to the court house. 

But my question is, do I still need to answer the Summons? Can I get a default judgment even after we agreed to the settlement? Can they proceed with the case even after the settlement?

Another quick question, my sister received the summons and gave it to me. She received it on July 8th, but when I checked the court records online, it said the Summons was received on July 25th (I'm guessing the law firm didn't file the summons received date right away.) So which date do I go by? The date when I actually received it or the date on the court records?

 

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20 minutes ago, natsu said:

But my question is, do I still need to answer the Summons?

Yes.  Protect yourself.  DO NOT trust them to do the right thing.  Raise the settlement as an affirmative defense:  the debt has been paid.  Suit is improper.

20 minutes ago, natsu said:

Can I get a default judgment even after we agreed to the settlement?

YES.  If they proceed and you don't show to defend they can claim you never paid.  You would have to undo it after the fact.

22 minutes ago, natsu said:

Can they proceed with the case even after the settlement?

Legally: no. Ethically:  no.  Doesn't mean they won't.

 

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File an answer today and don't worry about the dates.  If it's a week late, it likely isn't a huge deal in most courts - especially if its a small claims.   The proper defense is called "accord and satisfaction".  I would state that I deny all allegations contained in the complaint and assert the affirmative defense of accord and satisfaction.  That's all it really needs to say.

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