CATownsend
Sep 12, 2012, 08:46 AM
I received a summons on Monday (9/10) for a court date on Thursday (9/13) for a bill which we had worked out, and been paying on, a payment plan with the original creditor.
Somehow we got sent to collections, and the company decided to sue for the full amount. We called the original creditor who said the payment plan was fine. They called the lawyer who refused to accept that and still insisted on taking us to court for the full amount.
We decided to pay the amount in full to avoid court costs and the like, to the original creditor, and have a receipt from them showing a $0 balance.
That said, since my court date is tomorrow morning, I assume I should still show to avoid any kind of default judgement. With a $0 balance, should I file a Motion to Dismiss or anything like that, or simply go in and show the judge our payment history in hopes he'll dismiss it on his own?
The was all filed in Johnson County, KS (though I reside in Missouri)
Somehow we got sent to collections, and the company decided to sue for the full amount. We called the original creditor who said the payment plan was fine. They called the lawyer who refused to accept that and still insisted on taking us to court for the full amount.
We decided to pay the amount in full to avoid court costs and the like, to the original creditor, and have a receipt from them showing a $0 balance.
That said, since my court date is tomorrow morning, I assume I should still show to avoid any kind of default judgement. With a $0 balance, should I file a Motion to Dismiss or anything like that, or simply go in and show the judge our payment history in hopes he'll dismiss it on his own?
The was all filed in Johnson County, KS (though I reside in Missouri)